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

Filing 137

Joint MOTION for Extension of Time to File Response/Reply as to 101 MOTION to Dismiss Under Fed. R. Civ. P. 12(B)(1), 12(B)(6), and 12(B)(7) by Actus, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, v. BANK OF AMERICA CORP., et al. Defendants. JOINT MOTION FOR EXTENSION OF CERTAIN DEADLINES COMES NOW Plaintiff, Actus, LLC ("Actus") and Defendant Visa, Inc. ("Visa") and files this Joint Motion for Extension of Certain Deadlines and shows the Court as follows: Visa filed a Motion to Dismiss Plaintiff's Claims Under Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 12(b)(7) ("Visa's Motion"). (Dkt. 101) Actus' response is curently due on July 17, 2009 and Visa's reply is currently due on August 7, 2009. The Parties respectfully request an order from the Court modifying the deadline for Actus' response brief up to and including July 31, 2009 and the deadline for Visa's reply brief up to and including August 21, 2009. This request is not for purposes of delay but to allow the parties adequate time to file their response and reply briefs. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Dated: July 14, 2009 VISA, INC. By: /s/ Joseph A. Micallef 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.

Respectfully Submitted, ACTUS, LLC By: /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

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CERTIFICATE OF CONFERENCE The undersigned certifies that he conferred with counsel for Visa and that the parties agree on the relief requested herein. /s/ William E. "Bo" Davis, III William E. "Bo" Davis, III CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic served were served with a true and correct copy of the foregoing by email, on this the 14th day of July, 2009. /s/ William E. "Bo" Davis, III William E. "Bo" Davis, III

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