Datatreasury Corporation v. Wells Fargo & Company et al

Filing 767

MOTION to Withdraw Proposed Deposition Protocol Order & File Jointly Proposed Deposition Protocol Order by Datatreasury Corporation. (Attachments: #1 Text of Proposed Order)(Rupp, Karl)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 767

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

Document 767

Filed 08/14/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORP., Plaintiff, vs. WELLS FARGO & COMPANY, et. al. Defendants § § § § § § § § § §

No. 2:06-cv-0072-DF JURY TRIAL DEMANDED

DATATREASURY CORPORATION'S MOTION TO PERMIT WITHDRAWAL OF PLAINTIFF'S PROPOSED DEPOSITION PROTOCOL ORDER, AND FOR ENTRY OF JOINTLY PROPOSED DEPOSITION PROTOCOL ORDER COMES NOW DataTreasury Corporation ("DataTreasury") and moves the Court for an Order permitting the withdrawal of Plaintiff's previously proposed Deposition Protocol Order, and for entry of the jointly proposed Deposition Protocol Order. In support wherefore, DataTreasury states as follows: (1) On November 9, 2006, the parties submitted to the Court a Joint Motion for Entry of a Deposition Protocol Order (Docket #353); (2) As exhibits to this Motion, the parties submitted for the Court's consideration two different and alternate versions of a Deposition Protocol Order, one proposed by DataTreasury (Docket #353, Attachment 2), the other by Defendants (Docket #353, Attachment 1). The two proposals are identical, except for certain minor provisions concerning the methodology for the videorecording of depositions; (3) To expedite resolution of the controversy, DataTreasury now requests that the Court permit withdrawal of the Deposition Protocol Order it earlier proposed
Page 1
Dockets.Justia.com

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

Document 767

Filed 08/14/2007

Page 2 of 4

to the Court, and that the Court instead adopt and enter the now-unanimously proposed Deposition Protocol Order originally advanced by Defendants (Docket #353, Attachment 1). For the foregoing reasons, DataTreasury respectfully requests that the Court grant the relief described herein. Respectfully submitted,

/s/ Karl A. 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]
[e-mail] [e-mail] [e-mail] [e-mail]

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]

Page 2

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

Document 767

Filed 08/14/2007

Page 3 of 4

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

Page 3

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

Document 767

Filed 08/14/2007

Page 4 of 4

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) and served via the Court's electronic filing system on all counsel who have consented to electronic service on this the 14th day of August, 2007. /s/ Karl A. Rupp________________________ Karl A. Rupp

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that a conference with defense counsel took place on August 13, 2007 regarding the foregoing document and the Motion is unopposed. /s/ Karl A. Rupp________________________ Karl A. Rupp

Page 4