Datatreasury Corporation v. Wells Fargo & Company et al

Filing 638

MOTION to Withdraw #612 SEALED MOTION For Temporary Injunction by Datatreasury Corporation. (Attachments: #1 Text of Proposed Order)(Rupp, Karl)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 638

Case 2:06-cv-00072-DF-CMC

Document 638

Filed 04/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY, WELLS FARGO BANK, NATIONAL ASSOCIATION, et. al., Defendants. § § § § § § § § §

NO. 2:06cv72 Hon. David Folsom Hon. Caroline Craven (Jury)

PLAINTIFF DATATREASURY CORPORATION'S MOTION TO WITHDRAW ITS MOTION FOR TEMPORARY INJUNCTION COMES NOW DataTreasury Corporation ("DataTreasury"), Plaintiff in the above-entitled and numbered civil action, and Moves the Court to withdraw its Motion For Temporary Injunction and states as grounds therefore as follows: 1) On April 4, 2007, DataTreasury filed its Motion for Temporary Injunction,

requesting that the Court Order Defendants Wells Fargo & Company and Wells Fargo Bank, N.A. (collectively, "Wells Fargo") to abstain temporarily from further prosecution of the arbitration proceeding Wells Fargo initiated in Minnesota; 2) After filing of said Motion for Temporary Injunction, Wells Fargo has

agreed to stay arbitration proceedings against DataTreasury until such time as a final decision has been rendered concerning Wells Fargo's Motion To Dismiss or, in the Alternative, to Stay Pending Arbitration for Expedited Consideration, including exhaustion of any available appellate remedies Wells Fargo may have. Such agreement by Wells Fargo renders moot the relief requested by DataTreasury Corporation in the Motion For Preliminary Injunction.

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Case 2:06-cv-00072-DF-CMC

Document 638

Filed 04/10/2007

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3)

The parties have taken steps to effectuate the agreed stay of the arbitration

proceeding as to DataTreasury. WHEREFORE, DataTreasury respectfully requests that the Court grant this motion and Order withdrawn DataTreasury's Motion For Preliminary Injunction.

Respectfully submitted, /S/ KARL RUPP________________ ANTHONY BRUSTER State Bar No. 24036280 R. BENJAMIN KING State Bar No. 24048592 C. CARY PATTERSON State Bar No. 15587000 BRADY PADDOCK State Bar No. 00791394 NIX PATTERSON & ROACH L.L.P. 2900 St. Michael Drive, Suite 500 Texarkana, Texas 75503 Tel. [phone]; Fax [phone] EDWARD L. HOHN, ATTORNEY IN CHARGE State Bar No. 09813240 ROD A. COOPER Texas Bar No. 90001628 EDWARD CHIN State Bar No. 50511688 NIX PATTERSON & ROACH L.L.P. Williams Square 5215 North O'Connor Blvd., Suite 1900 Irving, Texas 75039 Tel. [phone]; Fax [phone] [e-mail] [e-mail] [e-mail]

Case 2:06-cv-00072-DF-CMC

Document 638

Filed 04/10/2007

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JOE KENDALL Texas Bar No. 11260700 KARL RUPP Texas Bar No. 24035243 PROVOST UMPHREY, L.L.P. 3232 McKinney Avenue, Suite 700 Dallas, Texas 75204 Tel. [phone]; Fax [phone] [e-mail] [e-mail]

ERIC M. ALBRITTON Texas Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Tel. [phone]; Fax [phone] [e-mail] T. JOHN WARD JR.
Texas Bar No. 00794818

THE LAW OFFICE OF T. JOHN WARD, JR. P.O. Box 1231 Longview, Texas 75606 Tel. [phone]; Fax [phone] [e-mail] ATTORNEYS FOR PLAINTIFF DATATREASURY CORPORATION

Case 2:06-cv-00072-DF-CMC

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on all counsel of record on the 10th day of April, 2007. /s/ Karl Rupp____________ KARL RUPP

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that a conference was held on April 10, 2007 with Wells Fargo's counsel, W. Barton Rankin, concerning the relief sought herein. Mr. Rankin stated that Wells Fargo concurs with the relief sought herein. /s/ Karl Rupp____________ KARL RUPP