Datatreasury Corporation v. Wells Fargo & Company et al

Filing 733

Consent MOTION for Extension of Time to File Response/Reply as to #731 Response in Opposition to Motion, for Summary Judgment of Claim Invalidity as to U.S. Patent No. 5,265,007 by Bank of America Corporation, Bank of America, National Association. (Attachments: #1 Text of Proposed Order)(Melsheimer, Thomas)

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

Document 733

Filed 06/28/2007

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY, ET Al., Defendants DEFENDANT BANK OF AMERICA'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NO. 5,265,007 Defendants Bank of America Corporation and Bank of America, National Association (collectively, "Bank of America" or "Defendants") file this unopposed motion for an extension of time from July 9, 2007 to July 12, 2007, to file its Reply in support of its Motion for Summary Judgment of Claim Invalidity Based on Indefiniteness for U.S. Patent No. 5,265,007 ("Motion"), and, in support thereof, would show the Court as follows: 1. On June 8, 2007, Bank of America filed its "Motion for Summary 2:06-CV-72 DF

Judgment for Claim Invalidity Based on Indefiniteness of U.S. Patent No. 5,265,007." See Docket No. 710. On June 26, 2007, Plaintiff Datatreasury Corporation ("Plaintiff") served its response to the Motion. See Docket No. 731. 1

1

Plaintiff served its Response on June 25, 2007, at 7:17 p.m. CDT. Under Local Rule 5(a)(3)(C), "documents filed electronically after 5 p.m. local time of the recipient shall be deemed served on the following day." Thus, Plaintiff's Response is deemed served on June 26, 2007. DEFENDANT BANK OF AMERICA'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NO. 5,265,007 ­ Page 1

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

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Filed 06/28/2007

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2.

Bank of America's reply to Plaintiff's Response is currently due on or

before July 9, 2007. See Local Rule 7(e). This is the same date that all defendants in this matter are to file their response brief(s) on claim construction issues as to all four patentsin-suit. Thus, Bank of America seeks to extend its reply deadline by three days from July 9, 2007 to July 12, 2007. The bases for the requested extension are to alleviate the pressure and inefficiency of drafting and filing two substantive briefs on the same date and to most efficiently utilize the time and skill of the legal personnel involved in these briefs. 3. Pursuant to Federal Rule of Civil Procedure 6(b), "for cause shown" the

Court may enlarge a period of time "with or without motion or notice . . . if request therefore is made before the expiration of the period originally prescribed." FED. R. CIV. P. 6(b). Bank of America makes this request for an extension of time before the

expiration of the current deadline for filing a reply. Moreover, this request is made so that justice may be done and not solely for purposes of delay or any other improper purpose. 4. Plaintiff's counsel does not oppose this request.

WHEREFORE, Defendants Bank of America Corporation and Bank of America, National Association respectfully request that the Court grant this Motion, and that the Court grant such other and further relief at law and equity to which Defendants may be justly entitled.

DEFENDANT BANK OF AMERICA'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NO. 5,265,007 ­ Page 1

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

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Dated: June 28, 2007

Respectfully submitted, FISH & RICHARDSON P.C.

By: /s/Thomas M. Melsheimer Thomas M. Melsheimer Texas Bar No. 13922550 1717 Main Street Suite 5000 Dallas, TX 75201 214-747-5070 (Telephone) 214-747-2091 (Telecopy) Robert E. Hillman Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110-2804 617-542-5070 (Telephone) 617-542-8906 (Telecopy) Robert M. Parker Robert Christopher Bunt Parker & Bunt, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 903-531-3535 (Telephone) 903-533-9687 (Telecopy) Michael E. Jones Texas Bar No. 10929400 E. Glenn Thames, Jr. Texas Bar No. 00785097 Potter Minton 500 Plaza Tower 110 North College, Suite 500 Tyler, TX 75702 Counsel for Defendants BANK OF AMERICA CORPORATION AND BANK OF AMERICA, NATIONAL ASSOCIATION

DEFENDANT BANK OF AMERICA'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NO. 5,265,007 ­ Page 1

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Filed 06/28/2007

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CERTIFICATE OF CONFERENCE On June 27, 2007, Counsel for Defendants, Brett Johnson, conferred via e-mail with Counsel for Plaintiff, Karl Rupp, regarding the relief requested by this Motion. Mr. Rupp indicated that Plaintiff is unopposed to the relief sought. /s/M. Brett Johnson Counsel for Defendants Bank of America Corporation and Bank of America, National Association.

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on June 28, 2007 to all counsel of record pursuant to the Court's CM/ECF system. /s/ M. Brett Johnson M. Brett Johnson

90229464.2.doc

DEFENDANT BANK OF AMERICA'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NO. 5,265,007 ­ Page 1