AdvanceMe Inc v. RapidPay LLC

Filing 309

NOTICE by Merchant Money Tree, Inc., Reach Financial, LLC of Defendants' Objections to Plaintiff's Trial Exhibit List (Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 309

Case 6:05-cv-00424-LED

Document 309

Filed 06/28/2007

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) § § § § § § §

DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBIT LIST Defendants Merchant Money Tree, Inc. and Reach Financial, LLC ("Defendants") hereby submit their objections to Plaintiff AdvanceMe's proposed trial exhibits pursuant to the Court's Docket Control Order. PLAINTIFF EXHIBIT NO. OBJECTION

5-6, 9-13, 66-171, 181, 217, Defendants object to these exhibits on the grounds that the 258-266, 282-302, 453-482, documents are (in whole or in part) not relevant because they 552-1976 pertain only to First Funds, LLC, see FED. R. EVID. 401 & 402. 54, 304-308 Defendants Object to these exhibits on the grounds that the documents have not been authenticated and there is no proper foundation for their admission, see FED. R. EVID. 403. Defendants object to these exhibits on the grounds that the documents are (in whole or in part) not relevant because they pertain only to AmeriMerchant, LLC, see FED. R. EVID. 401 & 402. Defendants object to these exhibits on the grounds that they are improper compilations of evidence. To the extent Plaintiff wishes to offer complete individual documents, Defendants reserve the right to object to those exhibits at the time offered.

172-180

519-520, 525

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 309

Filed 06/28/2007

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PLAINTIFF EXHIBIT NO. 522-524

OBJECTION Defendants object to these exhibits on the grounds that they are improper compilations of evidence. To the extent Plaintiff wishes to offer complete individual documents, Defendants reserve the right to object to those exhibits at the time offered. Defendants further object to these exhibits on the grounds that the documents are (in whole or in part) not relevant because they pertain only to First Funds, LLC, see FED. R. EVID. 401 & 402. Defendants object to these exhibits on the grounds that they were not produced to Defendants during the discovery period, see FED. R. CIV. P. 26. Defendants object to this exhibit on the grounds that the document is (in whole or in part) not relevant because it pertains only to FastTransact, Inc. dba Simple Cash, see FED. R. EVID. 401 & 402. Defendants further object to this exhibit on the grounds that it was not produced to Defendant during the discovery period, see FED. R. CIV. P. 26.

526-551

452

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Case 6:05-cv-00424-LED

Document 309

Filed 06/28/2007

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June 28, 2007

Respectfully submitted, By :/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 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: 903.593.0846 E-mail: [e-mail] Counsel for Defendants Merchant Money Tree, Inc. and Reach Financial, LLC

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Case 6:05-cv-00424-LED

Document 309

Filed 06/28/2007

Page 4 of 4

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 28th day of June, 2007. Any other counsel of record will be served by first class mail on this same date. /s/ Joseph D. Gray Joseph D. Gray

Austin 844669v.1

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