NOTE: This order is nonprecedential. Wuiuh
of
~tate~ ~ourt §ppeal~ for tbe jfe heral
~irtuit
DATATREASURY CORPORATION,
Plaintiff-Appellee,
v_
U.S. BANK, NATIONAL ASSOCIATION,
Defendant-Appellant,
AND
THE CLEARING HOUSE PAYMENTS COMPANY,
LLC,
Defendant,
AND
VIEWPOINTE ARCHIVE SERVICES, LLC,
Defendant,
AND
BANCORP SOUTH BANK AND BANCORPSOUTH,
INC.,
Defendants,
AND
BANK OF MONTREAL, BANK OF NOVA SCOTIA,
CANADIAN IMPERIAL BANK OF COMMERCE,
INTRIA ITEMS, INC., NATIONAL BANK OF
CANADA, ROYAL BANK OF CANADA, SYMCOR,
INC., AND TORONTO-DOMINION BANK,
Defendants,
2DATATREASURY CORP v. US BANK 2
AND
THE BANK OF NEW YORK MELLON
CORPORATION,
Defendant.
2011-1587
Appeal from the United States District Court for the Eastern District of Texas in case no. 06-CV-0072, Chief Judge David J. Folsom.
DATATREASURY CORPORATION,
Plaintiff-Appellee,
v.
U.S. BANK, NATIONAL ASSOCIATION,
Defendant,
AND
THE CLEARING HOUSE PAYMENTS COMPANY,
LLC,
Defendant-Appellant,
AND
VIEWPOINTE ARCHIVE SERVICES, LLC,
Defendant-Appellant,
AND
BANCORP SOUTH BANK AND BANCORPSOUTH,
INC.,
Defendants,
AND
33 DATATREASURY CORP v. US BANK
BANK OF MONTREAL, BANK OF NOVA SCOTIA,
CANADIAN IMPERIAL BANK OF COMMERCE,
INTRIA ITEMS, INC., NATIONAL BANK OF
CANADA, ROYAL BANK OF CANADA, SYMCOR,
INC., AND TORONTO-DOMINION BANK,
Defendants,
AND
THE BANK OF NEW YORK MELLON
CORPORATION,
Defendant.
2011·1604, ·1605
Appeals from the United States District Court for the Eastern District of Texas in case no. 06·CV·Q072, Chief Judge David J. Folsom.
ON MOTION
ORDER
The parties move to dismiss Viewpointe Archive Ser· vices, LLC and The Clearing House Payments Company L.L.C. as parties in 2011·1587 and to withdraw The Clearing House Payments Company L.L.C.'s appeal no. 2011·1604, and Viewpointe Archive Services, LLC's appeal no. 2011·1605.
Upon consideration thereof, IT Is ORDERED THAT: (1) The motion to dismiss Viewpointe and The Clear· ing House from 2011·1587 is granted in part. The parties4 DATATREASURY CORP v. US BANK 4 will be listed in the caption as defendants. The revised official caption is reflected in the order.
(2) The motion to withdraw 2011-1604 and 2011-1605 is granted. 2011-1604 and 2011-1605 are dismissed.
(2) Each side shall bear its own costs in 2011-1604 and 2011-1605.
FOR THE COURT
OCT 07 2m1
lsI Jan Horbaly Date Jan Horbaly
Clerk
cc: Jeffrey A. Lamken, Esq.
Bruce E. Clark, Esq. John J. Feldhaus, Esq. John R. Emerson, Esq.
s21
.ncr
0 7 2011 Issued As A Mandate (As To 2011-1604, -1605 Only):