AdvanceMe Inc v. RapidPay LLC

Filing 265

Joint MOTION to Amend/Correct 201 Scheduling Order, by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order)(Walker, R.)

Case 6:05-cv-00424-LED

Document 265

Filed 05/24/2007

Page 1 of 4

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)-(JDL)

JOINT MOTION TO AMEND THIS COURT'S JANUARY 26, 2007 AMENDED DOCKET CONTROL ORDER (D.E. 201) 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 as "Defendants"), to bring this Joint Motion to amend the Court's January 26, 2007 Amended Docket Control Order (D.E. 201) as follows: CURRENT DEADLINE May 25, 2007 REQUESTED DEADLINE May 25, 2007 ACTION Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings. If a daily transcript or real time reporting of court proceedings is requested for trial or hearings, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Shea Sloan, at [e-mail].

Case 6:05-cv-00424-LED

Document 265

Filed 05/24/2007

Page 2 of 4

May 25, 2007

June 1, 2007

Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority, and Form of the Verdict for jury trials. Proposed Findings of Fact and Conclusions of Law with citation to authority for bench trials. Response to Dispositive Motions (including Daubert motions). Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert Motions, shall be due in accordance with Local Rule CV-7(e). Pretrial Disclosures due. Video and Stenographic Deposition Designations due. Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. Rebuttal Designations and Objections to Deposition Testimony due. For rebuttal designations, crossexaminat ion line and page numbers to be included. Objections to Rebuttal Deposition Testimony due. Pretrial Objections Due.

June 4, 2007

June 12, 2007

June 11, 2007 June 18, 2007 June 25, 2007

June 19, 2007 June 26, 2007 June 28, 2007

The parties agree that additional time is needed for Plaintiff and Defendants to complete the appropriate disclosures and prepare the necessary filings. Accordingly, the foregoing

extensions are not sought for purposes of delay or any other improper purpose. Defendants agree that Plaintiff's consent to this Motion shall not affect Plaintiff's pending motion for sanctions or alternative relief in any way and shall not be used as a basis for seeking denial of that motion.

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Case 6:05-cv-00424-LED

Document 265

Filed 05/24/2007

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May 24, 2007 By :

Respectfully submitted, /s/ R. Floyd Walker William G. Schuurman (TX State Bar No. 17855200) [e-mail] Brian K. Buss (TX State Bar No. 00798089) [e-mail] Joseph D. Gray (TX State Bar No. 24045970) [e-mail] R. Floyd Walker (TX State Bar No. 24044751) [e-mail] Graham E. Sutliff (TX State Bar No. 24046935) [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. (TX State Bar No. 13861300) J. Matt Rowan (TX State Bar No. 24033137) 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

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Case 6:05-cv-00424-LED

Document 265

Filed 05/24/2007

Page 4 of 4

By: __/s/ Deborah Race______________________ PAUL, HASTINGS, JANOFSKY & WALKER LLP Ronald S. Lemieux (CA Bar No. 120822) (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. Willaims (CA Bar No. 221319) (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.

CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service and are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV5(a)(3) on this the 24th day of May, 2007. Any other counsel of record will be served by first class mail on this same date. /s/ R. Floyd Walker R. Floyd Walker

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