AdvanceMe Inc v. RapidPay LLC

Filing 164

MOTION for Leave to File Excess Pages in Reply Brief by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A)(Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 164

Case 6:05-cv-00424-LED

Document 164

Filed 11/29/2006

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. ADVANCEME, INC., Plaintiff, v. AMERIMERCHANT, LLC, Defendant. § § § § § § § § § § § § § § § § § § § § § §

CAUSE NO. 6:05-CV-424 (LED)

CAUSE NO. 6:06-CV-0082 (LED) JURY TRIAL DEMANDED

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMIT IN DEFENDANTS' REPLY IN SUPPORT OF THEIR EXPEDITED MOTION FOR LEAVE TO AMEND PRELIMINARY INVALIDITY CONTENTIONS Defendants First Funds LLC, Merchant Money Tree, Inc., Reach Financial, LLC, and AmeriMerchant, LLC (collectively "Defendants") respectfully request that the Court grant leave to exceed the page limit for their Reply in Support of their Expedited Motion for Leave to Amend Preliminary Invalidity Contentions. Specifically, in order to properly address the issues raised in Plaintiff's Opposition to Defendants' Expedited Motion for Leave to Amend Preliminary Invalidity Contentions, Defendants request leave of Court to file a six-page Reply Brief.

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Case 6:05-cv-00424-LED

Document 164

Filed 11/29/2006

Page 2 of 3

Plaintiff and Defendants met and conferred by telephone conference regarding this motion on November 29, 2006, and Plaintiff agreed that this motion will be unopposed. November 29, 2006 Respectfully submitted, By: /s/ Joseph D. Gray 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 Hilary L. Preston [e-mail] VINSON & ELKINS L.L.P. 666 Fifth Avenue ­ 26th Floor New York, NY 10103 Telephone: [phone] Facsimile: 212.237.0100 Douglas 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., Reach Financial, LLC, and AmeriMerchant, LLC

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Case 6:05-cv-00424-LED

Document 164

Filed 11/29/2006

Page 3 of 3

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 29th day of November, 2006. Any other counsel of record will be served by first class mail on this same date. By: /s/ Joseph D. Gray Joseph D. Gray