Actus, LLC v. Bank of America Corp. et al

Filing 110

Joint MOTION for Extension of Time to File by Visa, Inc., Actus, LLC. (Attachments: # 1 Text of Proposed Order to Joint Motion to Extend)(Turk, Mark) (Additional attachment(s) added on 6/25/2009: # 2 REVISED ORDER) (ch, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, BANK OF AMERICA CORP. et al. Defendants. ) ) ) ) CIVIL ACTION: 2:09-CV-102-TJW ) ) JURY TRIAL DEMANDED ) )

______________________________________________________________________________ JOINT MOTION FOR EXTENSION OF CERTAIN DEADLINES ______________________________________________________________________________ Plaintiff Actus, LLC ("Actus") and Defendant Visa Inc. ("Visa") respectfully request that the Court set a briefing schedule on Visa's recently filed Motion to Dismiss to track the briefing schedule set for Defendant MasterCard's Motion to Dismiss. See Doc. # 92. Both Visa's and MasterCard's respective motions raise the same issues, so it would be most efficient for the Court and the parties to have to have the briefing and argument occur together. Accordingly, Actus and Visa jointly request that the deadline for Actus to respond to Visa's Motion to Dismiss be set for July 17, 2009 and the deadline for Visa to reply be set to August 7, 2009. Dated: June 25, 2009

Respectfully submitted, /s/ William E. "Bo" Davis, III William E. "Bo" Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: [phone] Fax: [phone] ATTORNEY FOR PLAINTIFF ACTUS, LLC /s/ Mark E. Turk____________________ Joseph A. Micallef (admitted Pro Hac Vice) David P. Gersch (admitted Pro Hac Vice) ARNOLD & PORTER LLP 555 Twelfth Street, NW Washington, DC 20004-1206 Tel. [phone] Fax [phone] E-mail: [e-mail] [e-mail] Michael P. Lynn Texas State Bar No. 12738500 Eric W. Pinker Texas State Bar No. 16016550 Mark E. Turk Texas State Bar No. 00786298) LYNN TILLOTSON PINKER & COX LLP 2100 Ross Avenue Suite 2700 Dallas, TX 75201 Tel. [phone] Fax [phone] E-mail: [e-mail] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANT VISA INC.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, the foregoing was served on all counsel of record who have consented to electronic service. Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV5(d), all others not deemed to have consented to electronic service were served with a true and correct copy of the foregoing via email on this 25th day of June, 2009.

/s/ Mark E. Turk Mark E. Turk

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