Datatreasury Corporation v. Wells Fargo & Company et al

Filing 54

***CORRECTED DOCUMENT REPLACES DOCUMENT #52 WHICH WAS FILED IN ERROR***Joint MOTION for Extension of Time to File Responsive Pleadings by Wells Fargo & Company, Wells Fargo Bank, National Association, Bank of America Corporation, Bank of America, National Association, U.S. Bancorp, U.S. Bank, National Association, Wachovia Corporation, Wachovia Bank, National Association, Suntrust Banks, Inc., Suntrust Bank, BB&T Corporation, Branch Banking and Trust Company, Bancorpsouth, Inc., Bancorp South Bank, Compass Bancshares, Inc.,. Compass Bank, Cullen/Frost Bankers, Inc., The Frost National Bank, First Horizon National Corporation, First Tennessee Bank, National Association, HSBC North America Holdings Inc, HSBC Bank USA, N.A., Harris Bankcorp, Inc., Harris, N.A., National City Corporation, National City Bank, Zions Bancorporation, Zions First National Bank, Bank of New York Co., Inc., The Bank of New York Co, Inc., Unionbancal Corporation, Union Bank of California National Association, Bank of Tokyo-Mitsubishi UFJ, LTD, Citizens Financial Group, Inc., City National Corporation, City National Bank, Comerica Incorporated, Comerica Bank & Trust, National Association, Deutsche Bank Trust Company Americas, First Citizens Bancshares, Inc., First Citizens Bank & Trust Company, Keycorp, Keybank National Association, Lasalle Bank Corporation, Lasalle Bank NA, M&T Bank Corporation, M&T Bank, The PNC Financial Services Group, Inc., PNC Bank, National Association UBS Americas, Inc., Small Value Payments Company, LLC, The Clearing House Payments Company, LLC, First Data Corporation, Telecheck Services, Inc., Remitco, LLC. (Attachments: #1 Exhibit A#2 Text of Proposed Order)(Melsheimer, Thomas) Modified on 4/17/2006 (sm, ).

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Datatreasury Corporation v. Wells Fargo & Company et al Doc. 54 Att. 2 Case 2:06-cv-00072-DF-CMC Document 54 Filed 04/14/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATA TREASURY CORPORATION, Plaintiff, v. WELLS FARGO & CO., et al. Defendants § § § § § § § § § CAUSE NO. 2:06-CV-72 DF AGREED ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADINGS On this day came on for consideration by the Court the Joint Motion for Extension of Time for Defendants to File Responsive Pleadings filed by Data Treasury Corporation ("Plaintiff") and the Defendants listed in Exhibit "A" of that Motion (collectively "Defendants"). Having considered the motion and the relief sought therein, the Court finds that the motion should be GRANTED. Accordingly, the Court finds as follows: 1. None of the Defendants are required to file any responsive pleading to the Original Complaint filed in this matter. 2. Defendants have until and including June 1, 2006, to answer or otherwise plead in response to the Amended Complaint filed in this matter. 3. Plaintiff need not formally serve the Defendants with the Amended Complaint and may serve counsel for each Defendant informally by service on Tom Melsheimer and/or Brett Johnson of Fish & Richardson P.C. (Counsel for the Bank of America entities) who shall promptly distribute the Amended Complaint to in-house, and to the extent retained, outside counsel, for the Defendants. AGREED ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADINGS ­ Page 1 Dockets.Justia.com Case 2:06-cv-00072-DF-CMC Document 54 Filed 04/14/2006 Page 2 of 2 4. Defendants shall not seek a further extension of the June 1, 2006 deadline for answering or otherwise filing responsive pleadings as to the Amended Complaint. IT IS SO ORDERED. Signed this ____ day of April, 2006. ________________________________ UNITED STATES DISTRICT JUDGE AGREED: ____/s/ Thomas M. Melsheimer Thomas M Melsheimer, Counsel for Bank of America Defendants with Authority from Defendants Listed in Exhibits " A" To Motion ___/s/ Karl Rupp_______________ Karl Rupp, Counsel for Plaintiff Data Treasury Corp. AGREED ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADINGS ­ Page 2

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