IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

FUNDSXPRESS FINANCIAL NETWORK, INC.,

Plaintiff,

v.

DIGITAL INSIGHT CORPORATION,
JOHN DORMAN,
VINCENT BRENNAN,
RONALD GOFFMAN,
ERIC EDWARDS and
STEPHEN CRATN,
Defendants.

PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO QUASH NOTICE OF
DEPOSITIONS BY WRITTEN QUESTIONS

TO THE HONORABLE SAM SPARKS:

Plaintiff FundsXpress Financial Network, Inc. files this Response to
Defendant Digital Insight Corporation's Motion to Quash Notice of
Deposition by Written Questions and for Protective Order, and would
respectfully show:

1. FundsXpress has served depositions upon written questions to
   fifteen financial institutions. Digital Insight seeks to quash
   those depositions.

2. The depositions were served on December 12 and 13, 2002. The
   deposition dates listed in those subpoenas are January 15, January
   17 or January 21, 2003, for each of the fifteen deponents.

3. Digital Insight identifies two reasons to support its Motion to
   Quash: (1) the number of depositions on written questions exceeds
   the limit of ten imposed by Rule 31, Fed. R. Civ. P.; and (2)
   because the depositions on written questions have been served on
   the financial institutions, that service has impaired Digital
   Insight's ability to ask cross-questions of the deponents. Digital
   Insight's Motion to Quash should be denied.

The Parties Agreed That They Would Exceed the 10 Deposition Limit.

4. In paragraph 6 of the Discovery Control Plan which was agreed to by
   both parties, and filed May 14, 2002, the Plan states as follows:

      The parties anticipate that there may be between 150 and 200
      witnesses with information relevant to this matter. Therefore
      the deposition limit of 10 per side will be exceeded and the
      parties will work together to place reasonable limitations on
      oral and written depositions.

   See Exhibit 1, attached.

5. At the time the Discovery Control Plan was submitted, the parties
   agreed that the deposition limit would exceed ten and also
   acknowledged by implication that the limit would exceed ten by more
   than just five additional depositions. This is particularly true
   with regard to depositions on written questions, which are a much
   more cost-effective procedure than oral depositions. Because the
   parties have agreed to the Discovery Control Plan and Digital
   Insight has not sought a revision or amendment to the Plan, Digital
   Insight's Motion to Quash should be denied.

Digital Insight Has Had Ample Opportunity to Ask Cross-Questions.

6. Digital Insight next complains that by the serving the subpoenas on
   the financial institutions that Digital Insight somehow has been
   prejudiced by not being allowed to ask cross-questions of the
   deponents. As stated above, the deposition notices and subpoenas
   indicate that the depositions will take place on one of the
   following three dates: January 15, 17 or 21, 2003.

7. Rule 31 allows a party to ask cross-questions within fourteen days
   following service of the Notice and written questions. Based on the
   deposition dates of the deponents, Digital Insight has had ample
   opportunity to ask those questions and as of the filing of this
   response, Digital Insight has not propounded cross-questions to
   these deponents. Based on the timing of service of the depositions
   on written questions, Digital Insight's Motion to Quash should be
   denied.

WHEREFORE, PREMISES CONSIDERED, Plaintiff FundsXpress asks the Court
to deny Digital Insight's Motion to Quash. FundsXpress also asks the
Court to grant it all further relief the Court finds appropriate.


Respectfully submitted,

R. James George, Jr.
State Bar No. 07810000
David H. Donaldson, Jr.
State Bar No. 05969700
Peter D. Kennedy
State Bar No. 11296650
Nanneska N. Hazel
State Bar No. 12813500
114 W. 7th Street, Suite 1100
Austin, Texas 78701
(512) 495-1400
(512) 499-0094 (Fax)

ATTORNEYS FOR PLAINTIFF
FUNDSXPRESS FINANCIAL NETWORK, INC.
GEORGE & DONALDSON, L.L.P.
114 West 7th Street, Suite 1100
Austin, Texas 78701
(512) 495-1400
FAX: (512) 499-0094

WINSTEAD SECHREST & MINICK, P.C.
100 Congress Ave., Suite 800
Austin, Texas 78701
(512) 474-4330
FAX: (512) 370-2850


CERTIFICATE OF SERVICE

I hereby certify that on January 3 , 2003, a true and correct copy of
the foregoing was
served on counsel of record as shown below:

A. Boone Almanza                 Barry K. Bishop
Bo Blackburn                     Clark, Thomas & Winters, P.C.
Akin & Almanza, L.L.P.           300 West 6th Street, 15th Floor
1717 West 6th Street, Ste. 230	 Austin, Texas 78701
Austin, Texas 78701	         (via Fax 474-1129)
(via Fax 478-7151)

Aaron C. Gundzik                 Martha Dickie
John Cotton                      Jeffrey D. Miller
Cotton & Gundzik, L.L.P.         Minton, Burton, Foster & Collins
725 S. Figueroa St., 34th Floor	 A Professional Corporation
Los Angeles, CA 90017            1100 Guadalupe Street
(via Fax (213) 623-6699)         Austin, Texas 78701
                                 (via Fax 476-1315)

Nanneska N. Hazel
Peter D. Kennedy