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

Filing 243

Unopposed MOTION for Extension of Time to File Response/Reply as to 104 MOTION to Dismiss Plaintiff's Claims and Memorandum of Law in Support of Vivendi Universal U.S. Holding Co. and Vivendi Universal, SA 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. 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 Vivendi Universal U.S. Holding Co. and Vivendi Universal, SA's ("Vivendi") Motion to Dismiss: Vivendi filed its motion to dismiss at Dkt. 104. Actus respectfully requests additional time to file its response up to and including January 22, 2010. This extension is not for purposes of delay but to allow the parties additional time to investigate the issue. Counsel for Actus conferred with counsel for Vivendi and Vivendi does not oppose the relief requested herein. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Dated: January 8, 2010

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: [phone] Fax: [phone] ATTORNEY FOR PLAINTIFF ACTUS, LLC CERTIFICATE OF CONFERENCE

The undersigned certifies that he conferred with counsel for Vivendi and that Vivendi does not oppose the relief requested herein. /s/ William E. Davis, III William E. 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 service were served with a true and correct copy of the foregoing by email, on this the 8th day of January 2010. /s/ William E. Davis, III William E. Davis, III

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