AdvanceMe Inc v. AMERIMERCHANT LLC

Filing 81

AFFIDAVIT in Support re 75 MOTION to Compel filed by AMERIMERCHANT LLC. (Gray, Joseph)

AdvanceMe Inc v. AMERIMERCHANT LLC

Doc. 81

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

Document 81

Filed 11/14/2006

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff, v. RAPIDPAY, LLC, BUSINESS CAPITAL CORPORATION, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL, LLC and FAST TRANSACT, INC. d/b/a SIMPLE CASH Defendants. ADVANCEME, INC., Plaintiff, v. AMERIMERCHANT, LLC, Defendant. § § § § § § CAUSE NO. 6:05-CV-424 (LED) § § § § § § § § § § § § CAUSE NO. 6:06-CV-082 (LED) § § § § § §

Declaration of Joseph D. Gray in Support of Defendants' Motion to Compel I, Joseph D. Gray, hereby declare: 1. 2. 3. I am over the age of 18 and capable of testifying to the facts set forth herein. I am a licensed attorney in the State of Texas. Vinson & Elkins L.L.P. is counsel of record for Defendants First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC, and AmeriMerchant, LLC ("Defendants") in the above-styled actions. I am an associate in the Austin, Texas office of Vinson & Elkins L.L.P. and serve as counsel for Defendants.

Dockets.Justia.com

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

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Filed 11/14/2006

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4.

I aver to the matters set forth herein based upon personal knowledge and information.

5.

I respectfully submit this Declaration in support of Defendants' Motion to Compel.

6.

Attached as Exhibit A to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a July 5, 2006 letter from Joseph Gray to Ronald Lemieux.

7.

Attached as Exhibit B to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an August 25, 2006 letter from Hilary Preston to Robert Matz.

8.

Attached as Exhibit C to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an August 31, 2006 letter from Robert Matz to Hilary Preston.

9.

Attached as Exhibit D to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a September 5, 2006 letter from Hilary Preston to Robert Matz.

10.

Attached as Exhibit E to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a September 30, 2006 letter from Robert Matz to Willem Schuurman, Joseph Gray and Hilary Preston.

11.

Attached as Exhibit F to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an October 9, 2006 letter from Joseph Gray to Ronald Lemieux.

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

Document 81

Filed 11/14/2006

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12.

Attached as Exhibit G to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an October 10, 2006 letter from Michael Edelman to Joseph Gray.

13.

Attached as Exhibit H to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of Defendants' Amended First Set of Interrogatories to Plaintiff AdvanceMe, Inc.

14.

Attached as Exhibit I to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 1, 2006 e-mail from Christina Henderson to Defendants' counsel.

15.

Attached as Exhibit J to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of Plaintiff AdvanceMe, Inc.'s Objections and Response to Defendants' Amended First Set of Interrogatories to Plaintiff AdvanceMe, Inc.

16.

Attached as Exhibit K to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of Defendants' Second Amended Invalidity Contentions (excluding Exhibits 2, 4 and 5).

17.

Attached as Exhibit L to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of the Notice of Deposition of AdvanceMe, Inc.

18.

Attached as Exhibit M to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an October 31, 2006 letter from Joseph Gray to Michael Edelman.

19.

Attached as Exhibit N to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of AdvanceMe, Inc.'s Privilege Log provided on September 30, 2006.

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Filed 11/14/2006

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20.

Attached as Exhibit O to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an October 4, 2006 letter from Robert Matz to Hilary Preston,

21.

Attached as Exhibit P to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 7, 2006 letter from Michael Edelman to Joseph Gray.

22.

Attached as Exhibit Q to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 3, 2006 letter from Joseph Gray to Michael Edelman regarding document production.

23.

Attached as Exhibit R to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 3, 2006 letter from Joseph Gray to Michael Edelman regarding interrogatory responses.

24.

Attached as Exhibit S to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 10, 2006 letter from Robert Matz to Joseph Gray.

25.

Attached as Exhibit T to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of a November 10, 2006 e-mail from Joseph Gray to Robert Matz and Michael Edelman

26.

Attached as Exhibit U to Defendants' Motion to Compel filed November 13, 2006 is a true and correct copy of an October 30, 2006 letter from Hilary Preston to Michael Edelman.

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Filed 11/14/2006

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I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and information. SIGNED the 14th day of November, 2006. /s/ Joseph Gray William G. Schuurman Texas State Bar No. 17855200 [e-mail] Joseph D. Gray Texas State Bar No. 24045970 [e-mail] VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: [phone] Facsimile: 512.236.3476 Hilary L. Preston [e-mail] VINSON & ELKINS L.L.P. 666 Fifth Avenue ­ 26th Floor New York, NY 10103 Telephone: [phone] Facsimile: 212.237.0100 Douglas R. McSwane, Jr. State Bar No. 13861300 POTTER MINTON A Professional Corporation 110 N. College 500 Plaza Tower Tyler, Texas 75702 Telephone: [phone] Facsimile: 903.593.0846 E-mail: [e-mail] Counsel for Defendants First Funds LLC, Merchant Money Tree, Inc., Reach Financial, LLC, and AmeriMerchant, LLC

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CERTIFICATE OF SERVICE I hereby certify that all counsel of record who have consented to electronic service and are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 14th day of November, 2006. Any other counsel of record will be served by first class mail on this same date. /s/ Joseph Gray Joseph Gray

Austin 765122v.1