AdvanceMe Inc v. RapidPay LLC

Filing 184

Joint MOTION for Extension of Time to Complete Discovery (Motion to Amend Docket Control Order) by AdvanceMe Inc, First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order)(McSwane, Douglas)

AdvanceMe Inc v. RapidPay LLC

Doc. 184

Case 6:05-cv-00424-LED

Document 184

Filed 01/04/2007

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. § § § § § § § § § § § § §

CASE NO. 6:05-CV-424 LED

JOINT MOTION TO AMEND DOCKET CONTROL ORDER

TO THE HONORABLE JUDGE OF SAID COURT: Comes now, Plaintiff ADVANCEME, INC. (hereinafter "Plaintiff" or "AdvanceMe") and Defendants FIRST FUNDS, LLC, MERCHANT MONEY TREE, INC. and REACH FINANCIAL, LLC (hereinafter collectively referred to herein as "Defendants") herein make this their Motion to amend the Amended Docket Control Order entered by this Court on June 2, 2006. CURRENT DEADLINE January 8, 2007 REQUESTED ACTION DEADLINE January 29, 2007 All Parties designate Expert Witnesses (nonconstruction issues); Expert witness reports due; Refer to local rules for required information January 18, 2007 February 8, 2007 Parties May Designate Rebuttal Expert Witnesses (nonconstruction issues). Rebuttal Expert witness reports due. Refer to Local Rules for required information. February 15, 2007 March 5, 2007 Discovery deadline. This extension is requested not for purposes of delay, but to allow Plaintiff's and Defendants' experts adequate time and opportunity to review the damages information, form
{VAM\7560\0001\W0317516.1 }

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 184

Filed 01/04/2007

Page 2 of 3

their opinions, and prepare their reports. The parties intend to file a Joint Motion for Continuance and should the Court grant the Continuance, an agreed amended scheduling order will be filed for approval by the Court. However, some of the deadlines will expire next week and the parties need an extension of time to provide expert reports and complete discovery. Dated: January 4, 2007 By: Respectfully submitted, /s/ Douglas R. McSwane, Jr. Willem G. Schuurman Texas State Bar No. 17855200 Joseph D. Gray Texas State Bar No. 24045970 VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Phone: [phone] ­ Fax: [phone] E-mail: [e-mail] [e-mail] -andDouglas R. McSwane, Jr. Texas State Bar No. 13861300 POTTER MINTON, P.C. 110 North College 500 Plaza Tower Tyler, Texas 75702 Phone: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANTS MERCHANT MONEY TREE, INC. FIRST FUNDS, LLC REACH FINANCIAL, LLC

JOINT MOTION TO AMEND DOCKET CONTROL ORDER AdvanceMe, Inc. v. Rapidpay, LLC, et al.
{VAM\7560\0001\W0317516.1 }

Page 2 of 3

Case 6:05-cv-00424-LED

Document 184

Filed 01/04/2007

Page 3 of 3

By:

/s/ Deborah Race___________ Otis W Carroll, Jr Texas State Bar No. 03895700 Deborah Race Texas State Bar No. 16448700 IRELAND CARROLL & KELLEY, PC 6101 S Broadway Suite 500 Tyler, TX 75703 903-561-1600 E-Mail: [e-mail] Of Counsel: Ronald S. Lemieux PAUL HASTINGS JANOFSKY & WALKER LLP Five Palo Alto Square Sixth Floor Palo Alto, CA 94306-2155 650/320-1821 Fax: [phone] Email: [e-mail]

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 4th day of January, 2007. /s/ Douglas R. McSwane, Jr. Douglas R. McSwane, Jr.

JOINT MOTION TO AMEND DOCKET CONTROL ORDER AdvanceMe, Inc. v. Rapidpay, LLC, et al.
{VAM\7560\0001\W0317516.1 }

Page 3 of 3