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

Filing 252

Unopposed MOTION for Leave to File Third Amended Complaint by Actus, LLC. (Attachments: # 1 Exhibit A, Third Amended Complaint, # 2 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 LEAVE TO FILE THIRD AMENDED COMPLAINT Plaintiff Actus, LLC ("Actus") hereby files this Unopposed Motion for Leave to File Third Amended Complaint and respectfully shows the Court as follows: Pursuant to Fed R. Civ. P. 15(a)(2), Actus respectfully requests leave to file its Third Amended Complaint. A copy of the Third Amended Complaint is attached as Exhibit A. Actus' Third Amended Complaint removes certain parties and removes one of Defendant Western Union Financial Services, Inc.'s products and services. There are no other changes. Counsel for Actus notified counsel for Defendants via email of its intent to file this motion on Wednesday, February 10, 2010. In that email, Actus requested that any objections to this motion be made known to Actus by Thursday, February 11, 2010 and that if no objections were made, Actus would assume that there was no opposition. No Defendant has responded. Consequently, Actus believes in good faith that this motion is not opposed. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED

Dated: February 16, 2010

Respectfully Submitted, By: /s/ William E. "Bo" Davis, III William E. "Bo" Davis III, Lead Attorney Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: [phone] Fax: [phone] Email: [e-mail] ATTORNEY FOR PLAINTIFF ACTUS, LLC

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 16th day of February, 2010. /s/ William E. Davis, III William E. Davis, III CERTIFICATE OF CONFERENCE Counsel for Actus notified counsel for Defendants via email of its intent to file this motion on Wednesday, February 10, 2010. In that email, Actus requested that any objections to this motion be made known to Actus by Thursday, February 11, 2010 and that if no objections were made, Actus would assume that there was no opposition. No Defendant has responded. Consequently, Actus believes in good faith that this motion is not opposed. /s/ William E. Davis, III William E. Davis, III

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