Taylor et al v. Acxiom Corporation et al

Filing 93

NOTICE by InfoNations, Inc. re 62 Notice (Other), Notice (Other), Notice (Other) Reply to Response to Supplement to Consolidated Motion to Dismiss on Common Issues (Moos, Marvin)

Taylor et al v. Acxiom Corporation et al

Doc. 93

Case 2:07-cv-00001

Document 93

Filed 05/15/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SHARON TAYLOR, ET AL. VERSUS ACXIOM CORPORATION, ET AL. AND SHARON TAYLOR, ET AL. VERSUS ACS STATE & LOCAL SOLUTIONS, INC., ET AL. AND SHARON TAYLOR, ET AL. VERSUS TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY, ET AL. AND SHARON TAYLOR, ET AL. VERSUS SAFEWAY, INC., ET AL. AND SHARON TAYLOR, ET AL. VERSUS BIOMETRIC ACCESS COMPANY, ET AL. AND SHARON TAYLOR, ET AL. VERSUS FREEMAN PUBLISHING COMPANY INFONATION, INC.'S REPLY TO PLAINTIFFS' RESPONSE TO SUPPLEMENT TO CONSOLIDATED MOTION TO DISMISS ON COMMON ISSUES CIVIL ACTION NO. 2:07cv00410 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv00018 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv00017 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv00014 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv00013 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv00001 JUDGE DONALD E. WALTER

Dockets.Justia.com

Case 2:07-cv-00001

Document 93

Filed 05/15/2008

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InfoNation, Inc. ("InfoNation") files this Reply to Plaintiffs' Response to Supplement to Consolidated Motion to Dismiss on Common Issues and will demonstrate that this Court should dismiss all claims against InfoNation. ARGUMENT InfoNation joined in the Consolidated Motion to Dismiss on Common Issues and Response to Plaintiffs' Statement of Violations ("Consolidated Motion") filed on April 18, 2008. This Consolidated Motion set forth numerous bases for the Court to dismiss the lawsuit. InfoNation also separately filed its own Response to Plaintiffs' Statement of Violations of the Drivers' Privacy Protection Act and Supplement to Consolidated Motion to Dismiss on Common Issues ("InfoNation's Supplement"). That Supplement explained that InfoNation's motion to dismiss included all grounds in the Consolidated Motion, as well as the ground that Plaintiffs are impermissibly contesting InfoNation's certification to the State of Texas that it acquired motor vehicle records for purposes permitted by the DPPA. Plaintiffs filed a separate Response to InfoNation's Supplement contending that InfoNation did not raise "any issues that were not addressed in Plaintiffs' Response to Defendants' Consolidated Motion to Dismiss on Common Issues" and only made "boilerplate" allegations in the Supplement (Plaintiffs' Resp. at 1). InfoNation files this Reply to emphasize that it made no "boilerplate" allegations in either its motion to dismiss or in its supplemental response; rather, InfoNation emphasized that it seeks dismissal based on all grounds in its motion to dismiss and in the Consolidated Motion, as well as the ground that the Plaintiffs are impermissibly attacking InfoNation's certification to the State of Texas. The DPPA does not authorize this. InfoNation also joins the Consolidated Reply on behalf of all Defendants filed separately.

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Case 2:07-cv-00001

Document 93

Filed 05/15/2008

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CONCLUSION For the above reasons, the reasons set forth in InfoNation, Inc.'s Motion to Dismiss and Reply, and the reasons in the Consolidated Motion to Dismiss and Consolidated Reply, the Court should dismiss Plaintiffs' claims against it with prejudice and award InfoNation, Inc. such other and further relief to which it is entitled, including costs. Respectfully submitted,

/s/ Marvin C. Moos MARVIN C. MOOS State Bar No.: 14413900 1301 McKinney Street, Suite 2700 Houston, Texas 77010 TELEPHONE: [phone] FACSIMILE: 713/333-4600 ATTORNEY-IN-CHARGE FOR DEFENDANT, INFONATION, INC. OF COUNSEL: EBANKS, SMITH & CARLSON, L.L.P. 1301 McKinney Street, Suite 2700 Houston, Texas 77010 TELEPHONE: [phone] FACSIMILE: 713/333-4600

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Case 2:07-cv-00001

Document 93

Filed 05/15/2008

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CERTIFICATE OF SERVICE I hereby certify that on May 15, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification to the following: Jeremy Reade Wilson The Corea Firm, PLLC The Republic Center 325 North St. Paul Street, Suite 4150 Dallas, TX 75201 COUNSEL FOR PLAINTIFFS John Michael Dorman Locke, Lord, Bissell & Liddell LLP 600 Travis St., Suite 3400 Houston, TX 77002-3004 COUNSEL FOR DEFENDANT DEFENSIVEDRIGIN.COM Paul M. Boyd Boyd & Brown 1215 Pruitt Place Tyler, TX 75703 COUNSEL FOR DEFENDANT REALTY COMPUTER SOLUTIONS, INC. d/b/a REAL-COMP Eric P. Chenoweth Yetter & Warden 909 Fannin, Suite 3600 Houston, TX 77010 COUNSEL FOR DEFENDANT RELIANT ENERGY, INC. Brock C. Akers Phillips & Akers 3200 Southwest Freeway., Suite 3200 Houston, TX 77027-7523 COUNSEL FOR DEFENDANT FREEMAN PUBLISHERS, INC. William W. Allen Gess, Mattingly & Atchison 201 West Short Street Lexington, KY 40507 COUNSEL FOR DEFENDANT CROSSSELL, INC. Michael Porter Heiskell Johnson, Vaughn & Heiskell 5601 Bridge Street Fort Worth, TX 76112 COUNSEL FOR DEFENDANT NATIONAL STATISTICAL SERVICE CORPORATION Dwight M. Francis Lisa L. Honey Gardere Wynne Sewell 1601 Elm St. 3000 Thanksgiving Tower Dallas, TX 75201 Lisa L. Honey Gardere Wynne Sewell, LLP 1601 Elm St. 3000 Thanksgiving Tower Dallas, TX 75201 COUNSEL FOR DEFENDANT TXU BUSINESS /s/ Marvin C. Moos MARVIN C. M. MOOS

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