IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS - AUSTIN DIVISION FUNDSXPRESS FINANCIAL NETWORK, INC. Plaintiff, V. DIGITAL INSIGHT CORPORATION, ET AL. Defendants. DEFENDANTS JOHN DORMAN'S AND VINCENT BRENNAN'S MOTION TO DISMISS COMPLAINT PURSUANT TO RULE 12(b)(2) TO THE HONORABLE SAM SPARKS, UNITED STATES DISTRICT JUDGE: Defendants John Dorman and Vincent Brennan move the Court to dismiss plaintiff's complaint as against them, showing as grounds therefore the following: These defendants are not residents of Texas, do not conduct business in Texas, and have not conducted business in Texas, and do not have sufficient minimum contacts with the State of Texas that would subject them to the jurisdiction of the courts of Texas. II. These defendants have not engaged in actions in Texas made the basis of suit herein, and the claims against them do not arise from their actions within the State of Texas. III. Accordingly, it would violate the due process clause of the United States Constitution to subject these defendants to the Court's jurisdiction. Respectfully submitted, CLARK, THOMAS & WINTERS, A Professional Corporation By: BARRY K. BISHOP State Bar No. 02346000 P. O. Box 1148 Austin, Texas 78767-1148 (512) 472-8800 (512) 474-1129 fax John W. Cotton Aaron C. Gundzik COTTON & GUNDZIK LLP 725 South Figueroa Street, 34th Floor Los Angeles, California 90017 (213) 312-1330 (213) 623-6699 fax ATTORNEYS FOR DEFENDANTS DIGITAL INSIGHT CORPORATION, ERIC EDWARDS, RONALD GOFFMAN, JOHN DORMAN, VINCENT BRENNAN AND STEPHEN CRAIN CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on all counsel of record via ( ) hand-delivery, ( ) facsimile and/or (*) certified mail, return receipt requested, on this 31 day of July, 2002: R. James George, Jr. Nanneska N. Hazel George & Donaldson, L.L.P. 114 West 7th Street, Suite 1100 Austin, Texas 78701 (512) 499-0094 fax Barry K. Bishop