AdvanceMe Inc v. RapidPay LLC

Filing 83

Joint MOTION to Amend/Correct Docket Control Order by AdvanceMe Inc. (Attachments: # 1 Text of Proposed Order)(Race, Deborah)

Download PDF
AdvanceMe Inc v. RapidPay LLC Doc. 83 Case 6:05-cv-00424-LED Document 83 Filed 07/28/2006 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. § § VS. § § RAPIDPAY, LLC, BUSINESS CAPITAL § CORPORATION, FIRST FUNDS, LLC, § MERCHANT MONEY TREE, INC., § REACH FINANCIAL, LLC and FAST § TRANSACT, INC., dba SIMPLE CASH § Civil Case No. 6:05-CV-424 (DAVIS) JOINT MOTION TO AMEND DOCKET CONTROL ORDER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Plaintiff, AdvanceMe, Inc. ("AdvanceMe") and Defendants, First Funds, L.L.C., ("First Funds"), Merchant Money Tree, Inc. ("Merchant") and Reach Financial, L.L.C. ("Reach Financial") and file this joint motion to amend the docket control order entered by this Court on June 2, 2006. As this Court knows, there are two cases involving plaintiff AdvanceMe against separate defendants. However, counsel for First Funds, Merchant and Reach Financial in this case also represents the defendant in cause number 6:06-cv-82, styled AdvanceMe, Inc. v. AmeriMerchant, L.L.C. The parties have agreed that it would be advisable to have some of the deadlines in both cases be identical and, to some extent, the existing docket control orders accomplish that. However, they diverge with respect to compliance with P.R. 4-2 and P.R. 4-3, as well as with the discovery deadline relating to claim construction. In order to have those deadlines occur on the same date in both cases, the parties propose the following amendment to the docket control order in this case: that the date of July 31, 2006, on which the parties are to comply with P.R. 4-3, filing of joint claim construction and prehearing statement, be changed in this case to August Dockets.Justia.com Case 6:05-cv-00424-LED Document 83 Filed 07/28/2006 Page 2 of 4 2, 2006; and that the date of August 30, 2006, on which discovery for claim construction was to close, be moved to September 8, 2006. WHEREFORE, the parties jointly move this Court to enter an amended docket control order providing that the date to comply with P.R. 4-3 be changed from July 31, 2006 to August 2, 2006, and the date on which the discovery deadline for claim construction issues was to close be moved from August 30, 2006 to September 8, 2006. An order reflecting the relief requested is attached for the Court's convenience. Respectfully submitted, By: /s/ Otis Carroll (with permission by Deborah Race) Otis Carroll Texas State Bar No. 03895700 Deborah Race Texas State Bar No. 16448700 IRELAND, CARROLL & KELLEY, P.C 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 Email: Fedserv@icklaw.com Ronald S. Lemieux Vid Bhakar Robert C. Matz PAUL, HASTINGS, JANOFSKY & WALKER, LLP Five Palo Alto Square, Sixth Floor Palo Alto, CA 94306-2155 Tel: (650) 320-1800 Fax: (650) 320-1900 Email: ronaldlemieux@paulhastings.com Email: robertmatz@paulhastings.com Email: vidbhakar@paulhastings.com ATTORNEYS FOR ADVANCEME, INC. -2- Case 6:05-cv-00424-LED Document 83 Filed 07/28/2006 Page 3 of 4 By: /s/ Doug McSwane (with permission by Deborah Race) Douglas Ray McSwane State Bar No. 13861300 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, Texas 75702 Tel: (903) 597-8311 Fax: (903) 593-0846 dougmcswane@potterminton.com Hilary Preston VINSON & ELKINS 666 Fifth Ave., 26th Fl. New York, NY 10103 Tel: 212-237-0000 Fax: 212-237-0100 hpreston@velaw.com Willem G. Schuurman State Bar No. 17855200 Joseph Daniel Gray VINSON & ELKINS, LLP The Terrace 7 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Tel: (512) 542-8663 Fax: (512) 236-3422 ATTORNEYS FOR FIRST FUNDS, L.L.C., MERCHANT MONEYTREE, INC. AND REACH FINANCIAL, L.L.C. -3- Case 6:05-cv-00424-LED Document 83 Filed 07/28/2006 Page 4 of 4 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 or parties will be served by facsimile transmission and/or first class mail this 28th day of July, 2006. /s/ Deborah Race -4-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?