AdvanceMe Inc v. RapidPay LLC

Filing 124

MOTION for Leave to File Excess Pages (Corrected) by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1)(Schuurman, Willem)

AdvanceMe Inc v. RapidPay LLC

Doc. 124

Case 6:05-cv-00424-LED

Document 124

Filed 10/04/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. § § § § § § § § § § § § § § §

CAUSE NO. 6:05-CV-424 LED

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT IN DEFENDANTS REPLY IN SUPPORT OF ITS MOTION FOR LEAVE TO AMEND PRELIMINARY INVALIDITY CONTENIONS Defendants First Funds LLC, Merchant Money Tree, Inc., and Reach Financial, LLC, (collectively "Defendants") respectfully request that the Court grant leave to exceed the page limit for their Reply Brief. Specifically, in order to properly reply to all the issues raised by Plaintiff in its Opposition Brief, Defendants request leave of Court to file 10 pages of argument plus 50 pages of exhibits in its Reply Brief in Support of its Motion for Leave to Amend Preliminary Invalidity Contentions. Plaintiff and Defendants met and conferred by telephone conference regarding this motion on October 3, 2006 and agreed that this motion will be unopposed.

752415_1.DOC

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 124

Filed 10/04/2006

Page 2 of 3

October 3, 2006

Respectfully submitted, By: /s/ Willem G. Schuurman Willem G. Schuurman Texas State Bar No. 17855200 [e-mail] Joseph D. Gray Texas State Bar No. 24045970 [e-mail] VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: [phone] Facsimile: 512.236.3476 -andHilary L. Preston [e-mail] VINSON & ELKINS L.L.P. 666 Fifth Avenue ­ 26th Floor New York, NY 10103 Telephone: [phone] Facsimile: 212.237.0100 -andDouglas R. McSwane, Jr. State Bar No. 13861300 POTTER MINTON A Professional Corporation 110 N. College 500 Plaza Tower (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: 903.593.0846 E-mail: [e-mail] Counsel for Defendants First Funds LLC, Merchant Money Tree, Inc., and Reach Financial, LLC

752415_1.DOC

2

Case 6:05-cv-00424-LED

Document 124

Filed 10/04/2006

Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. § § § § § § § § § § § § § § §

CAUSE NO. 6:05-CV-424 LED

CERTIFICATE OF SERVICE I HEREBY CERTIFY that all counsel of record who have consented to electronic service are being served a copy of this document via the court's CM/ECF system per Local Rule CV5(a)(3) on this the 3rd day of October, 2006. Any other counsel of record will be served by first class mail on this same date. /s/ Willem G. Schuurman Willem G. Schuurman

752415_1.DOC