Datatreasury Corporation v. Wells Fargo & Company et al

Filing 644

MOTION for Extension of Time to Complete Discovery Unopposed Motion for Extension of Time By Defendant First Citizens BancShares, Inc. by First Citizens Bancshares, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion for Extension of Time By Defendant First Citizens BancShares, Inc.)(Carlson, Larry)

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

Document 644

Filed 04/12/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

DATATREASURY CORPORATION
Plaintiff
CIVIL ACTION NO. 2:06-CV-72JURY TRIAL DEMANDED

WELLS FARGO & COMPANY, et al.
Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME BY DEFENDANT FIRST CITIZENS BANCSHARES. INC

Defendant First Citizens

BancShares , Inc. ("BancShares ) submits this unopposed

motion requesting a l4-day extension of time to produce documents pursuant to this Court'

Order resolving Plaintiffs motion
jurisdictional challenge.
On March 15

to compel

certain documents

relating to BancShares

2007 , this Court ordered BancShares to produce:

All minutes and other documents related to all meetings of the Boards of
Directors of Bancshares and its subsidiary, First- Citizens Bank & Trust Co.

All minutes from all committee meetings for the committees of the Boards
of Directors for Bancshares and First- Citizens Bank & Trust Co. ; and

Documents responsive
Production No. 23.

to DataTreasury Corporation

Request for

Order , fied March 15 , 2007 (Docket Entry 597).
This production curently is due on April 16
extension of time due to the

, 2007. BancShares requests a 14- day

substantial volume of documents that BancShares ' counsel must

review to comply with the Order. BancShares needs the additional 14 days to properly review

DALO 1 :952564.

Dockets.Justia.co

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

Document 644

Filed 04/12/2007

Page 2 of 3

these documents prior to production. BancShares seeks this relief so that justice may be served
and not for puroses of delay.
proposed Order

granting this unopposed motion

is attached for the Court'

convemence.

Dated: April 12 ,

2007.

Respectfully submitted

By:

Isl

Lary D. Carlson

Attorney-in-Charge Texas State Bar No. 03814500 Mail: larry. carlson bakerbotts. com Fernando Rodriguez, Jr. Texas State Bar No. 24005048 Mail: fernando. rodriguez bakerbotts. com David O. Taylor Texas State Bar No. 24042010 Mail: david. taylor bakerbotts. com BAKER BOTTS L.L.P. 2001 Ross Avenue, Suite 600 Dallas , Texas 75201 Telephone: [phone] Facsimile: (214) 953- 6503
Larr D. Carlson,

Donalt J. Eglinton Mail: dje wardandsmith. com WARD AND SMITH , P. Post Office Box 867 New Bern, North Carolina 28563 Telephone: [phone] Facsimile: (252) 672- 5477 ATTORNEYS FOR DEFENDANTS FIRSTCITIZENS BANK & TRUST COMPANY AND FIRST CITIZENS BANCSHARES , INC.

DALO 1 :952564.1

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

Document 644

Filed 04/12/2007

Page 3 of 3

CERTIFICATE OF CONFERENCE
I certify that on April 11 , 2007, I conferred with Plaintiffs counsel regarding the above Motion for Extension of Time. Plaintiffs counsel indicated that Plaintiff does not oppose this
Motion and the relief it requests.

Isl Fernando Rodriguez . Jr. Fernando Rodriguez , Jr.

CERTIFICATE OF SERVICE

I certify that on April

12 , 2007 ,

all counsel who are deemed to have consented to

electronic service are being served with a copy of this document via electronic transmission.

Isl

Lary D. Carlson

Larr D. Carlson

DAL01:952564.