AdvanceMe Inc v. RapidPay LLC

Filing 280

Consent MOTION to Amend/Correct Docket Control Order by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order)(Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 280

Case 6:05-cv-00424-LED

Document 280

Filed 06/07/2007

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. § § § § § § § § § § § § § §

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

UNOPPOSED MOTION TO AMEND DOCKET CONTROL ORDER COME NOW, Defendants FIRST FUNDS, LLC, MERCHANT MONEY TREE, INC. and REACH FINANCIAL, LLC (hereinafter collectively referred to as "Defendants"), to bring this Unopposed Motion to amend the Court's January 26, 2007 Amended Docket Control Order (D.E. 201), previously amended by the Court's May 25, 2007 Order (D.E. 267) and June 1, 2007 Order (D.E. 272), as follows: CURRENT DEADLINE June 8, 2007 REQUESTED DEADLINE June 12, 2007 ACTION 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).

1
Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 280

Filed 06/07/2007

Page 2 of 3

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. June 7, 2007 By : Respectfully submitted, /s/ Joseph D. Gray 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 Tyler, Texas 75702 Telephone: [phone] Facsimile: 903.593.0846 E-mail: [e-mail] Counsel for Defendants First Funds LLC, Merchant Money Tree, Inc., and Reach Financial, LLC

2

Case 6:05-cv-00424-LED

Document 280

Filed 06/07/2007

Page 3 of 3

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 7th day of Jun, 2007. Any other counsel of record will be served by first class mail on this same date. /s/ Joseph D. Gray Joseph D. Gray CERTIFICATE OF CONFERENCE Joseph Gray, counsel for Defendants, conferred with Michael Edelman, counsel for Plaintiff, regarding the substance of this motion on June 7, 2007, and Plaintiff DOES NOT OPPOSE the relief sought herein. /s/ Joseph D. Gray Joseph D. Gray

3