AdvanceMe Inc v. RapidPay LLC

Filing 35

Consent MOTION for Extension of Time to File Answer re 23 Amended Complaint, for Defendant Business Capital Corporation by AdvanceMe Inc. (Attachments: # 1 Text of Proposed Order)(Carroll, Otis)

AdvanceMe Inc v. RapidPay LLC

Doc. 35

Case 6:05-cv-00424-LED

Document 35

Filed 04/24/2006

Page 1 of 3

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

ADVANCEME, INC., Plaintiff, vs. RAPIDPAY LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. dba SIMPLE CASH Defendants

CASE NO. 6: 05-CV-424 LED

NO JURY REQUESTED ­ EQUITABLE RELIEF ONLY

AGREED MOTION FOR EXTENSION OF TIME FOR DEFENDANT BUSINESS CAPITAL CORPORATION TO ANSWER OR OTHERWISE RESPOND Plaintiff has agreed to grant the request of Defendant Business Capital Corporation for a ten day extension of time to answer Plaintiff's Amended Complaint. Business Capital Corporation's answer was due on April 24, 2006, but with the ten day extension will now be due on May 4, 2006. Plaintiff respectfully requests that the Court grant this agreed motion and extend the deadline for Business Capital Corporation to answer Plaintiff's Amended Complaint until May 4, 2006. A Proposed Order is submitted herewith.

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 35

Filed 04/24/2006

Page 2 of 3

Respectfully submitted:

Date: April 24, 2006

By: /s/ Otis Carroll Otis Carroll, Attorney-in-Charge Texas State Bar No. 03895700 IRELAND, CARROLL & KELLEY P.C. 6101 South Broadway, Suite 500 Tyler, Texas 75703 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

PAUL, HASTINGS, JANOFSKY & WALKER LLP Ronald S. Lemieux (Admitted Pro Hac Vice) Daniel B. Pollack (Admitted Pro Hac Vice) Five Palo Alto Square, Sixth Floor Palo Alto, CA 94306-2155 Telephone: [phone] Telecopier: [phone] Email: [e-mail] Elizabeth L. Brann (CA Bar No. 222873) 3579 Valley Centre Drive San Diego, CA 92130 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

-2-

Case 6:05-cv-00424-LED

Document 35

Filed 04/24/2006

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 24th day of April, 2006.

/s/ Otis Carroll___________________

-3-