AdvanceMe Inc v. RapidPay LLC

Filing 286

Proposed Pretrial Order by AdvanceMe Inc. (Attachments: # 1 Exhibit A to Joint Final Pre-Trial Order (AdvanceMe, Inc.'s Trial Witness List)# 2 Exhibit B to Joint Final Pre-Trial Order (AdvanceMe, Inc.'s Deposition Designations)# 3 Exhibit C to Joint Final Pre-Trial Order (Defendants' Trial Witness List)# 4 Exhibit D to Joint Final Pre-Trial Order (Defendants' Affirmative Deposition Designations)# 5 Exhibit E to Joint Final Pre-Trial Order (AdvanceMe, Inc.'s Exhibit List)# 6 Exhibit F to Joint Final Pre-Trial Order (Defendants' Exhibit List))(Bhakar, Vid) (SEE DOC 297 FOR ADDITIONAL ATTACHMENTS) Modified on 6/20/2007 (rvw, ).

AdvanceMe Inc v. RapidPay LLC

Doc. 286 Att. 3

Case 6:05-cv-00424-LED

Document 286

Filed 06/12/2007

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EXHIBIT C

Dockets.Justia.com

Case 6:05-cv-00424-LED

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Filed 06/12/2007

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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)

DEFENDANTS' TRIAL WITNESS LIST Defendants First Funds, LLC, Merchant Money Tree, Inc., and Reach Financial, LLC ("Defendants"), pursuant to the Court's Docket Control Order, file this Trial Witness List for identification and categorization of trial witnesses. Defendants' Trial Witness List includes the witnesses Defendants intend to call to testify live at trial. Any witnesses that Defendants intend to present by deposition testimony at trial are identified separately in an exhibit to the parties' Joint Pre-Trial Order, along with the page and line number of those portions of the depositions that may be offered into evidence at trial. Defendants will call, or may call, each of the third party witnesses identified below to testify live at trial, if they are available and willing to come to trial. In the event that any of the third party witnesses identified below as a live witness is unavailable or unwilling to come to trial, Defendants plan to present that witness' testimony by deposition at trial. Defendants have, therefore, designated deposition testimony from each such third party witness, and the page and line numbers of those portions of depositions that Defendants would offer into evidence should the need arise are identified separately in the parties' Joint Pre-Trial Order.

Case 6:05-cv-00424-LED

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Defendants will call, or may call, each of the below witnesses who are associated with the parties live at trial. Defendants reserve the right to call any witness designated by Plaintiff.
(C) MAY, BUT PROBABLY WILL NOT CALL

WITNESS

(A) WILL CALL

(B) MAY CALL

1. 2. 3. 4. 5. 6. 7. 8. 9.

Tim Litle Larry Bouchard Tom McBrearty Edward Landon Lee Suckow Tom Burnside Glenn Goldman John Konop Mel Chasen

10. Donald Headlund 11. Michelle Boudette 12. Barbara Johnson 13. Gary Johnson 14. Les Falke 15. Cortes DeRussy 16. William Benedict 17. William Jackson or Jeff Jackson 18. Peter Bieler

Case 6:05-cv-00424-LED

Document 286

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Dated: June 12, 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