AdvanceMe Inc v. RapidPay LLC

Filing 208

MOTION for Extension of Time to File Expert Reports by AdvanceMe Inc. (Attachments: # 1 Text of Proposed Order)(Carroll, Otis)

AdvanceMe Inc v. RapidPay LLC

Doc. 208

Case 6:05-cv-00424-LED

Document 208

Filed 03/06/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. VS. RAPIDPAY, LLC, et al § § § § §

Civil Case No. 6:05-CV-424 Davis

AGREED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE EXPERT REPORTS TO THE HONORABLE LEONARD DAVIS: COME NOW Plaintiff, AdvanceMe, Inc. and Defendants Rapidpay, LLC, First Funds, LLC, Merchant Money Tree, Reach Financial, LLC, and Fast Transact, Inc., d/b/a Simple Cash and file this agreed motion for an extension of time within which to file their expert reports. Last week, due to a family emergency regarding plaintiff's expert, AdvanceMe, Inc. asked whether the defendants Rapidpay, LLC, First Funds, LLC, Merchant Money Tree, Reach Financial, LLC, and Fast Transact, Inc., d/b/a Simple Cash would agree to extend the date for expert reports from March 5th to March 7th. The defendants agreed and the plaintiff indicated that it would make a motion to that effect. Fortunately for plaintiff's expert, his emergency was resolved and he advised he no longer needed the time. However, by then the defendants' expert had been advised that the report would not be available until March 7th. Due to the confusion, the parties thereafter conferred and agreed to ask for the extension as originally agreed. Therefore, the parties respectfully move this Court to continue the deadline to submit their expert report up to and including March 7, 2007, with rebuttal reports being due on March 23, 2007. This Motion is not made for the purposes of delay or any other improper purpose.

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 208

Filed 03/06/2007

Page 2 of 3

Respectfully submitted: By: /s/ Otis Carroll Otis Carroll, Attorney-in-Charge Texas State Bar No. 03895700 Deborah Race State Bar No. 16448700 IRELAND, CARROLL & KELLEY P.C. 6101 South Broadway, Suite 500 Tyler, Texas 75703 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC. PAUL, HASTINGS, JANOFSKY & WALKER LLP Ronald S. Lemieux (Admitted Pro Hac Vice) Daniel B. Pollack (Admitted Pro Hac Vice) Five Palo Alto Square, Sixth Floor Palo Alto, CA 94306-2155 Telephone: [phone] Telecopier: [phone] Email: [e-mail] Elizabeth L. Brann (CA Bar No. 222873) 3579 Valley Centre Drive San Diego, CA 92130 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

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Case 6:05-cv-00424-LED

Document 208

Filed 03/06/2007

Page 3 of 3

CERTIFICATE OF CONFERENCE On February 28, 2007, Mike Edelman conferred with Bill Schuurman and Joey Gray regarding the filing of this motion and all parties were in agreement. Thereafter, on March 5, 2007, Robert Matz confirmed with Joey Gray that the parties were still in agreement and did not oppose the filing of this motion. /s/Deborah Race Deborah Race

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 6 day of March, 2007.
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/s/ Otis Carroll Otis Carroll

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