DATATREASURY CORP V US BANK, No. 11-1587 (Fed. Cir. 2011)

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NOTE: This order is nonprecedential. Wuiuh ~tate~ ~ourt of §ppeal~ for tbe jfeheral ~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, DATATREASURY 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 DATATREASURY CORP v. US BANK 3 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 parties 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 Date lsI Jan Horbaly Jan Horbaly Clerk cc: Jeffrey A. Lamken, Esq. Bruce E. Clark, Esq. John J. Feldhaus, Esq. John R. Emerson, Esq. s21 Issued As A Mandate (As To 2011-1604, -1605 Only): .ncr 0 7 2011 FILED II.S. COIIRT OF APPEALS FOR THE FEDERAL CIRCUIT OCT 072011 JANHORBALY CLERK

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