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

Filing 201

Unopposed MOTION for Extension of Time to File Response/Reply as to 188 Joint MOTION to Dismiss by Actus, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, William)

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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. UNOPPOSED MOTION FOR EXTENSION OF TIME COMES NOW Plaintiff, Actus, LLC ("Actus") and files this Unopposed Motion for Extension of Time to Respond to Defendants Bank of America Corporation ("Bank of America"), Capital One Financial Corporation ("Capital One"), Enable Holdings, Inc. ("Enable Holdings"), Green Dot Corp. ("Green Dot"), JPMorgan Chase & Co. ("JPMorgan"), MasterCard International Incorporated ("MasterCard"), Meta Financial Group, Inc. ("Meta"), M&T Bank Corp. ("M&T"), and Visa Inc. ("Visa") (the "Moving Defendants") Motion to Dismiss: Defendants filed their motion to dismiss on September 8, 2009. (Dkt. 188) Actus' response is currently due on September 23, 2009. Actus respectfully requests additional time to file its response up to and including October 14, 2009. This extension is not for purposes of delay but to allow adequate time to respond. Counsel for Actus conferred with counsel for Defendants and they do not oppose the relief requested herein. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED Dated: September 22, 2009 Respectfully Submitted, ACTUS, LLC By: /s/ William E. Davis, III William E. Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: 903-230-9090 Fax: 903-230-9661 ATTORNEY FOR PLAINTIFF ACTUS, LLC CERTIFICATE OF CONFERENCE The undersigned certifies that he conferred with counsel for Defendants Bank of America Corporation ("Bank of America"), Capital One Financial Corporation ("Capital One"), Enable Holdings, Inc. ("Enable Holdings"), Green Dot Corp. ("Green Dot"), JPMorgan Chase & Co. ("JPMorgan"), MasterCard International Incorporated ("MasterCard"), Meta Financial Group, Inc. ("Meta"), M&T Bank Corp. ("M&T"), and Visa Inc. ("Visa") (the "Moving Defendants") and that the Moving Defendants do not oppose the relief requested herein. /s/ William E. Davis, III William E. Davis, III 2 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 22nd day of September, 2009. /s/ William E. Davis, III William E. Davis, III 3

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