FundsXpress V. Digital Insight

This page contains copies of legal documents in a law suit between FundsXpress Financial Networks and Digital Insight, as well as links to other pages which discuss aspects of the case.

Documents

• Plaintiff's complaint
  • Original complaint, filed 4 March 2002
  • First amended complaint, filed 30 April 2002
  • Second amended complaint, filed 28 June 2002
    Exhibits:
    
    • Exhibit 1, a copy of an email from Eric Edwards to Gifford Dunn, marked Exhibit 8 in Gifford Dunn's deposition
    • Exhibit 2, a copy of an email from Gifford Dunn's work email account to his home email account, marked Exhibit 9 in Gifford Dunn's deposition
    • Exhibit 3, a copy of an email correspondence between Eric Edwards and Gifford Dunn, marked Exhibit 14-A in Gifford Dunn's deposition
    • Exhibit 4, a copy of an email from Gifford Dunn's work email account to his home email account, marked Exhibit 10 in Gifford Dunn's deposition
    • Exhibit 5, a copy of an email correspondence between Eric Edwards and Gifford Dunn, marked Exhibit 11 in Gifford Dunn's deposition
    • Exhibit 6, a copy of an email from Eric Edwards to Dale Walker, John Dorman, and Kevin McDonnell, marked Exhibit 19 in Gifford Dunn's deposition
    • Exhibit 7, a list of items located and removed or deleted by Digital Insight in response to the stipulated preliminary injunction
  • Third amended complaint, filed 21 August 2002
    Exhibits:
    
    • Exhibit 1, a declaration from John Burns
    • Exhibit 2, transcript of a deposition of Gifford Dunn
    • Exhibit 3, a copy of an email from Eric Edwards to Gifford Dunn, marked Exhibit 8 in Gifford Dunn's deposition
    • Exhibit 4, a copy of an email correspondence between Eric Edwards and Gifford Dunn, marked Exhibit 14-A in Gifford Dunn's deposition
    • Exhibit 5, a copy of an email correspondence between Eric Edwards and Gifford Dunn, marked Exhibit 11 in Gifford Dunn's deposition
    • Exhibit 6, a copy of an email from Eric Edwards to Dale Walker, John Dorman, and Kevin McDonnell, marked Exhibit 19 in Gifford Dunn's deposition
  • Answer and affirmative defenses of defendant Ronald Goffman, filed 6 September 2002
  • Answer and affirmative defenses of defendants Digital Insight Corporation, John Dorman and Stephen Crain, filed 6 September 2002
  • Answer and affirmative defenses of defendants Eric Edwards and Vincent Brennan, filed 6 September 2002
  • Fourth amended complaint, filed 6 January 2003 (coming soon)
  • Answer and affirmative defenses of defendants Digital Insight, John Dorman and Stephen Crain to plaintiff's fourth amended complaint, filed 24 January 2003
• The preliminary injunction
  • Plaintiff's application for preliminary injunction, filed 4 March 2002
  • Defendant's stipulation to preliminary injunction, filed 18 March 2002
• Defendants' various motions to dismiss
  • Motion to dismiss suit against Eric Edwards, filed 6 June 2002
  • Motion to dismiss part of the complaint for lack of action under law, filed 6 June 2002
  • Plaintiff's opposition to Eric Edwards' motion to dismiss, filed 15 July 2002
    Exhibits:
    
    • Exhibit 1, a declaration from John Burns
    • Exhibit 2, transcript of a deposition of Gifford Dunn
  • Reply memorandum in support of defendant Eric Edwards's motion to dismiss complaint pursuant to F.R.C.P. rule 12(b)(2), filed 26 July 2002
    Exhibits:
    
    • Affidavit of Eric Edwards
    • Excerpt from Gifford Dunn's deposition
  • Defendants John Forman's and Vincent Brennan's motion to dismiss complaint pursuant to rule 12(b)(2), filed 31 July 2002
    Attached: Memorandum in support
    Exhibits:
    
    • Affidavit of John Dorman
    • Affidavit of Vincent Brennan
  • Defendants' motion for more definite statement pursuant to rule 12(e), filed 31 July 2002
    Attached: Memorandum in support
  • Defendants' motion to dismiss for failure to state a claim for relief pursuant to rule 12(b)(6), filed 31 July 2002
    Attached: Memorandum in support
    Exhibits:
    
    • Affidavit of John Cotton
    • FX NDA of Ronald Goffman
    • FX description of position of Ronald Goffman
    • FX NDA of Stephen Crain
    • FX description of position of Stephen Crain
  • Plaintiff's opposition to defendant's motion to dismiss for failure to state a claim for relief pursuant to rule 12(b)(6), filed 14 August 2002
  • Plaintiff's opposition to defendants John Dorman's and Vincent Brennan's motion to dismiss complaint pursuant to rule 12(b)(2), filed 14 August 2002
  
  Exhibit: Email from Vincent Brennan to Ken Mathe
  • Court's order regarding the above motions, filed 29 August 2002
• Scheduling and extensions
  • Request for scheduling order, filed 19 March 2002
  • Extension for defendant to reply to the original complaint, filed 9 May 2002
  • Discovery control plan, filed 14 May 2002
  • Scheduling order, filed 21 May 2002
  • Order to extend plaintiff's time to respond to Eric Edwards' motion to dismiss and defendants' motion to dismiss part of the complaint for lack of action under law, filed 21 June 2002
  • Agreed motion to extend defendants' time to respond to the second amended complaint, filed 28 June 2002
  • Order granting agreed motion to extend defendants' time to respond to the second amended complaint, filed 8 July 2002
• Changes of counsel
  • Motion to withdraw and substitute counsel for Eric Edwards and Vincent Brennan, filed 5 September 2002
  • Agreed motion to withdraw and substitute counsel for Ronald Goffman, filed 6 September 2002
  • Order granting motion to substitute counsel for Eric Edwards and Vincent Brennan, filed 11 September 2002
  • Order granting motion to substitute counsel for Ronald Goffman, filed 11 September 2002
• Evidentiary petitions
  • Motion to quash notice of deposition by written questions and for protective order, filed 17 December 2002
    Attached: Memorandum in support
  • Plaintiff's motion to compel production, filed 2 January 2003
    Exhibits:
    
    • Exhibit A, Defendant's First Response to Plaintiff's First Demand for Production of Documents
    • Notice of documents not imaged and maintained under seal in reference to Exhibits B-I
  • Plaintiff's motion that defendants' designations of documents have been waived, filed 2 January 2003
    Exhibits:
    
    • Exhibit A, a Protective Order issued by the court on 10 July 2002
    • Exhibit B, a copy of a letter from Nanneska N. Hazel to counsel for Digital Insight dated 20 August 2002
    • Exhibit C, a copy of a letter from Nanneska N. Hazel to counsel for Digital Insight dated 9 September 2002
    • Exhibit D, a letter from Cotton & Gundzik to Nanneska N. Hazel dated 18 September 2002
    • Notice of documents not imaged and maintained under seal in reference to Exhibit E and an attachment to Exhibit F
    • Exhibit F, a copy of a letter from Nanneska N. Hazel to counsel for Digital Insight dated 30 September 2002
    • Exhibit G, a copy of a letter from Nanneska N. Hazel to counsel for Digital Insight dated 20 December 2002
    • Exhibit H, a letter from Aaron C. Gundzik to Nanneska N. Hazel dated 31 December 2002
  • Plaintiff's response to defendant's motion to quash notice of deposition by written questions, filed 3 January 2003
    Exhibit: Discovery control plan
  • Court order confirming announcements at a status conference on 6 January 2003, with a ruling on Defendant's Motion to Quash Notice of Deposition by Written Questions and for Protective Order

Corporate Documents

1. Digital Insight's most recent S3 filing mentions the lawsuit briefly.

Press Coverage

1. The Austin American-Statesman ran a story on July 15.
2. A brief news story in the Credit Union Journal notes that Digital Insight agreed to the preliminary injunction and describes some details of the case.

Discussion

1. Meepzorp hosts a mailing list to discuss the suit. Participation is public.
2. The Yahoo DGIN investors' forum seems to be having a lively discussion of the case.

Contacting the Parties

1. Chuck Hardin maintains a page which summarizes the case and provides contact information for FundsXpress's legal team.
2. No similar page is maintained for Digital Insight at this time. However, documents on this site do provide the address of record for their lawyer. If someone sends me a pointer to such a page, it will be included here.

Call for Information

If you have any additional links, especially to legal documents, discussions of the case, or press coverage, please let me know so I can update the page.