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' MOTION FOR MORE DEFINITE STATEMENT PURSUANT TO RULE 12(e)

TO THE HONORABLE SAM SPARKS, UNITED STATES DISTRICT JUDGE:

Defendants move the Court for a more definite statement as to Count
Seven of Plaintiff's Second Amended Complaint, respectfully showing
the following:

The allegations do not distinguish between and sufficiently allege the
separate torts of libel, slander, and business disparagement and fail
to allege the required elements of these torts, including, but not
limited to, the nature and amount of any special damages.

II.

The allegations fail to identify the specific defendants against whom
the claims are made.

III.

Under these circumstances, Count Seven of the Plaintiff's Second
Amended Complaint is so vague and ambiguous that defendants cannot
reasonably be required to frame a responsive pleading thereto.

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