AdvanceMe Inc v. RapidPay LLC

Filing 85

NOTICE by AdvanceMe Inc re 33 MOTION for Default Judgment as to RapidPay, LLC of Order Dismissing Chapter 11 Bankruptcy and Request for Consideration of Motion for Default Judgment (Attachments: # 1 Exhibit)(Race, Deborah)

AdvanceMe Inc v. RapidPay LLC

Doc. 85

Case 6:05-cv-00424-LED

Document 85

Filed 07/31/2006

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)

PLAINTIFF ADVANCME, INC.'S NOTICE OF ORDER DISMISSING CHAPTER 11 BANKRUPTCY AND REQUEST FOR CONSIDERATION OF MOTION FOR DEFAULT JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: On November 9, 2005, Plaintiff, AdvanceMe, Inc. ("AdvanceMe") filed suit against defendant Rapidpay, L.L.C. ("Rapidpay"), in the above cause. Thereafter, Rapidpay failed to comply with this Court's orders and deadlines, and failed to appoint new counsel to act on its behalf after the withdrawal of its original counsel. On April 6, 2006, AdvanceMe filed a Motion for Default Judgment against Rapidpay. Thereafter, AdvanceMe learned that Rapidpay had, in fact, filed for bankruptcy protection in the Southern District of New York, in case number 06-10453BRL. AdvanceMe notified this Court of the bankruptcy proceeding and resulting stay, and this Court cancelled a hearing it had previously set on the motion for default. Attached to this notice is a copy of an Order Dismissing Chapter 11 Bankruptcy Pursuant to § 1112(B)(1) of the Bankruptcy Code. Therein, the United States bankruptcy judge, the Honorable Burton R. Lifland, orders that RapidPay, L.L.C.'s bankruptcy be dismissed with prejudice to refiling for 120 days. This order was entered on July 25, 2006. Therefore, as a result of the dismissal of the bankruptcy, no automatic stay remains in place and this Court is free to

Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 85

Filed 07/31/2006

Page 2 of 4

consider AdvanceMe's previously filed Motion for Default Judgment which was filed on April 6, 2006 as Docket # 33. Therefore, Plaintiff AdvanceMe, Inc. respectfully prays that this Court now consider its Motion for Default Judgment filed against Rapidpay. AdvanceMe requests any and all additional relief to which it may be entitled either in law or equity. Dated: July 31, 2006 Respectfully submitted, /s/ 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: [phone] Fax: [phone] Email: [e-mail]

OF COUNSEL: Ronald S. Lemieux Daniel B. Pollack PAUL, HASTINGS, JANOFSKY & WALKER, LLP Five Palo Alto Square, Sixth Floor Palo Alto, CA 94306-2155 Tel: [phone] Fax: [phone] Elizabeth L. Brann 3579 Valley Centre Drive San Diego, CA 92130 Tel: [phone] Fax: [phone] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

2

Case 6:05-cv-00424-LED

Document 85

Filed 07/31/2006

Page 3 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 31st day of July, 2006. /s/ Deborah Race

3

Case 6:05-cv-00424-LED

Document 85

Filed 07/31/2006

Page 4 of 4