AdvanceMe Inc v. RapidPay LLC

Filing 53

MOTION to Dismiss Without Prejudice as to Defendant Business Capital Corporation by AdvanceMe Inc. (Attachments: # 1 Text of Proposed Order)(Carroll, Otis)

AdvanceMe Inc v. RapidPay LLC

Doc. 53

Case 6:05-cv-00424-LED

Document 53

Filed 05/22/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. VS. 1. RAPIDPAY, LLC; 2. BUSINESS CAPITAL CORPORATION; 3. FIRST FUNDS, LLC; 4. MERCHANT MONEY TREE, INC.; 5. REACH FINANCIAL, LLC; and 6. FAST TRANSACT, INC., d/b/a SIMPLE CASH § § § § § § § § § § § §

Civil Case No. 6:05-CV-424 LED

NO JURY REQUESTED EQUITABLE RELIEF ONLY

MOTION FOR DISMISSAL WITHOUT PREJUDICE Now comes the Plaintiff, ADVANCEME, INC., by its attorneys, and pursuant to Federal Rule of Civil Procedure 41(a) respectfully moves this Honorable Court for entry of an order dismissing without prejudice its complaint for patent infringement against BUSINESS CAPITAL CORPORATION. This motion does not affect the rights of ADVANCEME, INC. against any other Defendant. A proposed order is attached. Respectfully submitted, /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]

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 53

Filed 05/22/2006

Page 2 of 2

OF COUNSEL: 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.

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 22nd day of May, 2006. /s/ Otis Carroll