AdvanceMe Inc v. RapidPay LLC

Filing 259

Consent MOTION for Leave to File Excess Pages AdvanceMe's surreply to defendants' 2nd motion for partial summary judgment.pdf by AdvanceMe Inc. (Attachments: # 1 Text of Proposed Order Granting AdvMe's unopposed mtn. to file its surreply to defs.' 2nd partial summary judgment mtn. in excess of page limit.pdf)(Edelman, Michael)

AdvanceMe Inc v. RapidPay LLC

Doc. 259

Case 6:05-cv-00424-LED

Document 259

Filed 05/16/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

ADVANCEME, INC., Plaintiff, v. RAPIDPAY LLC, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC, and FAST TRANSACT, INC. d/b/a SIMPLE CASH, Defendants.

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CASE NO. 6:05-CV-424 (LED ­ JDL)

PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE A SUR-REPLY IN OPPOSITION TO DEFENDANTS' SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT OF PATENT INVALIDITY IN EXCESS OF PAGE LIMIT Plaintiff, AdvanceMe, Inc. ("AdvanceMe"), respectfully requests leave to file its SurReply In Opposition To Defendants' Second Motion for Partial Summary Judgment of Patent Invalidity in excess of the cumulative twenty (20) page limit allowed by Local Rule CV-7(a)(1). AdvanceMe requests that this Court allow it to exceed the twenty-page limit by six (6) pages, excluding attachments. Plaintiff requests the additional pages because it has determined that the current length of the brief is necessary to best present its argument to the Court. Counsel for AdvanceMe, Inc. has conferred with Joseph Gray, counsel for Defendants. Defendants have stated that they do not oppose this motion.

MOTION TO FILE IN EXCESS OF PAGE LIMIT RE ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFENDANTS' SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT

CASE NO. 6:05-CV-424 (LED-JDL)

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 259

Filed 05/16/2007

Page 2 of 3

A proposed Order is attached for the Court's convenience. Dated: May 16, 2007 Respectfully submitted, By: /s/ Michael N. Edelman PAUL, HASTINGS, JANOFSKY & WALKER LLP Ronald S. Lemieux (CA Bar No. 120822) (Admitted Pro Hac Vice) Michael N. Edelman (CA Bar No. 180948) (Admitted Pro Hac Vice) Vidya R. Bhakar (CA Bar No. 220210) (Admitted Pro Hac Vice) Robert C. Matz (CA Bar No. 217822) (Admitted Pro Hac Vice) Shanée Y. Williams (CA Bar No. 221310) (Admitted Pro Hac Vice) Five Palo Alto Square, Sixth Floor Palo Alto, CA 94306-2155 Telephone: [phone] Telecopier: [phone] Email: [e-mail] IRELAND, CARROLL & KELLEY, P.C. Otis W. Carroll, Attorney-in-Charge State Bar No. 03895700 Deborah Race State Bar No. 16448700 6101 South Broadway, Suite 500 Tyler, TX 75703 Telephone: [phone] Facsimile: 903-581-1071 Email: [e-mail] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

MOTION TO FILE IN EXCESS OF PAGE LIMIT RE ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFENDANTS' SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT

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CASE NO. 6:05-CV-424 (LED-JDL)

Case 6:05-cv-00424-LED

Document 259

Filed 05/16/2007

Page 3 of 3

CERTIFICATE OF CONFERENCE The undersigned counsel for AdvanceMe, Inc. has conferred with Joseph Gray, counsel for Defendants. Defendants have stated that they do not oppose this motion.

/s/ Michael N. Edelman Michael N. Edelman

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 pursuant to Local Rule CV-5(a)(3) on this the 16th day of May, 2007. Any other counsel of record will be served by first-class mail on this same date. /s/ Michael N. Edelman Michael N. Edelman

LEGAL_US_W # 56263937.1

MOTION TO FILE IN EXCESS OF PAGE LIMIT RE ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFENDANTS' SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT

CASE NO.6:05-CV-424