AdvanceMe Inc v. AMERIMERCHANT LLC

Filing 30

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

AdvanceMe Inc v. AMERIMERCHANT LLC

Doc. 30

Case 6:06-cv-00082-LED-JDL

Document 30

Filed 07/28/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. VS. AMERIMERCHANT, LLC § § § § §

Civil Case No. 6:06-CV-082(DAVIS)

JOINT MOTION TO AMEND DOCKET CONTROL ORDER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Plaintiff AdvanceMe, Inc. and Defendant AmeriMerchant, L.L.C. and file this joint motion to amend docket control order entered by this Court on July 5, 2006. As this Court is aware, there are two cases involving plaintiff AdvanceMe against separate defendants. However, counsel for the defendants in this case also represent the defendant in cause number 6:05-cv-424, styled AdvanceMe, Inc. v. RapidPay, L.L.C., et al. The parties have agreed that it makes sense 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 and, in order to have those 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 28, 2006, on which the parties are to comply with P.R.4-2, exchange of preliminary claim constructions and extrinsic evidence, be changed in this case to July 25, 2006. WHEREFORE, the parties jointly move this Court to enter an amended docket control order providing that the date to comply with P.R.4-2 be changed from July 28, 2006 to July 25, 2006. An order reflecting the relief requested is attached for the Court's convenience.

Respectfully submitted,

Dockets.Justia.com

Case 6:06-cv-00082-LED-JDL

Document 30

Filed 07/28/2006

Page 2 of 3

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: [phone] Fax: [phone] Email: [e-mail] 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: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] ATTORNEYS FOR PLAINTIFF ADVANCEME, INC.

-2-

Case 6:06-cv-00082-LED-JDL

Document 30

Filed 07/28/2006

Page 3 of 3

Respectfully submitted, 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: [phone] Fax: [phone] [e-mail] 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: [phone] Fax: [phone] Hilary Preston VINSON & ELKINS 666 Fifth Ave., 26th Fl. New York, NY 10103 Tel: [phone] Fax: [phone] [e-mail] ATTORNEYS FOR DEFENDANT AMERIMERCHANT, L.L.C. 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 -3-