Actus, LLC v. Bank of America Corp. et alMOTION for Extension of Time to File Response/ReplyE.D. Tex.July 31, 2009IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ACTUS, LLC, Plaintiff, v. BANK OF AMERICA CORP., et al. Defendants. CIVIL ACTION NO. 2:09-cv-102-TJW JURY TRIAL DEMANDED UNOPPOSED MOTION FOR EXTENSION OF TIME COMES NOW Plaintiff, Actus, LLC (“Actus”) and files this Unopposed Motion for Extension of Time to Respond to Defendant Bank of America Corp.’s (“Bank of America”) Motion to Dismiss for Failure to State a Claim: Bank of America filed its motion to dismiss on June 4, 2009. (Dkt. 77) Actus’ response is currently due on July 31, 2009. (Dkt. 138) Actus respectfully requests additional time to file its response up to and including August 18, 2009. This extension is not for purposes of delay but to allow adequate time to respond. Counsel for Actus conferred with counsel for Bank of America and Bank of America does not oppose the relief requested herein. 2 Dated: July 30, 2009 Respectfully Submitted, ACTUS, LLC By: /s/ William E. “Bo” Davis, III William E. “Bo” Davis III Texas State Bar No. 24047416 The Davis Firm, PC 111 West Tyler Street Longview, Texas 75601 Phone: 903-230-9090 Fax: 903-230-9661 ATTORNEY FOR PLAINTIFF ACTUS, LLC The undersigned certifies that he conferred with counsel for Bank of America and that Bank of America does not oppose the relief requested herein. CERTIFICATE OF CONFERENCE William E. “Bo” Davis, III /s/ William E. “Bo” Davis, III The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic served were served with a true and correct copy of the foregoing by email, on this the 30th day of July, 2009. CERTIFICATE OF SERVICE William E. “Bo” Davis, III /s/ William E. “Bo” Davis, III
