Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 1 of 6 PageID #: 1201
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`C-CA TION TECHNOLOGIES, LLC,
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`Case No. 2:11-CV-30-DF
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`Plaintiff,
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`v.
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`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba SUDDENLINK
`COMMUNICATIONS, CABLE ONE, INC.,
`ALMEGA CABLE INC., LONGVIEW CABLE
`TELEVISION COMPANY, INC., and KILGORE
`VIDEO, INC.,
`
`Defendants.
`
`Judge:
`
`Hon. David Folsom
`
`UNOPPOSED MOTION TO DISMISS DEFENDANT COMCAST CORPORATION
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`Defendants Comcast Corporation, Comcast Cable Communications, LLC, and Comcast of
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`Houston LLC (collectively "Comcast") file this Unopposed Motion to Dismiss Comcast Corporation
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`without prejudice pursuant to the Stipulation between Comcast and Plaintiff C-Cation Technologies,
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`LLC ("C-Cation Tech") attached hereto as Exhibit A. Plaintiff C-Cation Tech does not oppose the
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`relief sought in this motion.
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`PRAYER FOR RELIEF
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`Pursuant to the attached Stipulation between Comcast and C-Cation Tech, and because
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`Plaintiff does not oppose the relief sought herein, Comcast respectfully requests that the Court
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`dismiss Comcast Corporation from this action without prejudice.
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`630004.01
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C-CA TION TECHNOLOGIES, LLC,
`
`Case No. 2:11-CV-30-DF
`
`Plaintiff,
`
`v.
`
`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba SUDDENLINK
`COMMUNICATIONS, CABLE ONE, INC.,
`ALMEGA CABLE INC., LONGVIEW CABLE
`TELEVISION COMPANY, INC., and KILGORE
`VIDEO, INC.,
`
`Defendants.
`
`Judge:
`
`Hon. David Folsom
`
`UNOPPOSED MOTION TO DISMISS DEFENDANT COMCAST CORPORATION
`
`Defendants Comcast Corporation, Comcast Cable Communications, LLC, and Comcast of
`
`Houston LLC (collectively "Comcast") file this Unopposed Motion to Dismiss Comcast Corporation
`
`without prejudice pursuant to the Stipulation between Comcast and Plaintiff C-Cation Technologies,
`
`LLC ("C-Cation Tech") attached hereto as Exhibit A. Plaintiff C-Cation Tech does not oppose the
`
`relief sought in this motion.
`
`PRAYER FOR RELIEF
`
`Pursuant to the attached Stipulation between Comcast and C-Cation Tech, and because
`
`Plaintiff does not oppose the relief sought herein, Comcast respectfully requests that the Court
`
`dismiss Comcast Corporation from this action without prejudice.
`
`630004.01
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`Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 2 of 6 PageID #: 1202
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`DATED: February 27,2012
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`Respectfully submitted,
`
`/s/ Ryan K. Wong
`Deron R. Dacus
`ddacus@dacusfirm.com
`Texas State Bar No. 00790553
`The Dacus Firm, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 581-2543
`
`Brian L. Ferrall
`bferrall(mkvn.com
`Leo L. Lam
`llam(2V,kvn. com
`RyanK. Wong
`rwong(li)kvn.com
`Keker & VanNest LLP
`633 Battery Street
`San Francisco, CA 94111-1809
`Telephone: (415) 391-5400
`Facsimile: (415) 397-7188
`
`Attorneys for Defendants
`COMCAST CORPORATION,
`COMCAST CABLE
`COMMUNICATIONS, LLC and
`COMCAST OF HOUSTON LLC
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`630004.01
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`Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 3 of 6 PageID #: 1203
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`Case 2:11-cv-00030-DF Document 120
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`Filed 02/27/12 Page 3 of 6 PageID #: 1203
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`EXHIBIT A
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`EXHIBIT A
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`Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 4 of 6 PageID #: 1204
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C-CATION TECHNOLOGIES, LLC,
`
`Case No. 2:11-CV-30-DF
`
`Plaintiff,
`
`v.
`
`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba SUDDENLINK
`COMMUNICATIONS, CABLE ONE, INC.,
`ALMEGA CABLE INC., LONGVIEW CABLE
`TELEVISION COMPANY, INC., and KILGORE
`VIDEO, INC.,
`
`Defendants.
`
`Judge:
`
`Hon. David Folsom
`
`STIPULATION DISMISSING COMCAST CORPORATION
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`WHEREAS, C-Cation Technologies, LLC ("C-Cation Tech") filed this patent-infringement
`
`action against Comcast Corporation in the United States District Court for the Eastern District of
`
`Texas on January 25, 2011.
`
`WHEREAS, C-Cation Tech filed a First Amended Complaint naming Comcast Cable
`
`Communications, LLC ("Comcast Cable") and Com cast of Houston, LLC ("Comcast of Houston")
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`as additional defendants in this action on April 5, 2011.
`
`WHEREAS, Comcast Corporation has represented that it does not own or operate any cable
`
`systems, or sell, market, offer for sale, or provide any cable products or services, within the state of
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`Texas or anywhere else within the United States.
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`WHEREAS, Comcast Corporation, Comcast Cable, and Comcast of Houston (collectively
`
`"Comcast") moved to dismiss this action pursuant to FED. R. CIV. P. 12(b)(2) and (3) on May 23,
`
`2011, on the grounds that the Eastern District of Texas lacks personal jurisdiction over Comcast
`
`Corporation and that venue in this judicial district is improper over the entire action.
`
`625696.01
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`Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 5 of 6 PageID #: 1205
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`WHEREAS, the Court denied without prejudice Comcast's motion to dismiss on January 10,
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`2011, and allowed C-Cation Tech to conduct jurisdictional discovery relating to Com cast's motion.
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`WHEREAS, C-Cation Tech and Comcast have met and conferred and have agreed to dismiss
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`Comcast Corporation from this action without prejudice.
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`THEREFORE, C-Cation Tech and Comcast hereby stipulate as follows:
`
`STIPULATION
`
`1.
`
`2.
`
`Comcast Corporation shall be dismissed from this action without prejudice.
`
`Comcast Cable and Comcast of Houston will not file a renewed motion to dismiss
`
`pursuant to FED. R. CIV. P. 12(b )(3) on the basis that venue is improper at this time over Com cast
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`Cable and Com cast of Houston.
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`3.
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`Com cast Cable and Com cast of Houston will not argue that Com cast Corporation's
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`dismissal from this action impairs C-Cation Tech's ability to pursue or obtain discovery on any of the
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`claims for relief alleged in the First Amended Complaint.
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`4.
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`Comcast Corporation's dismissal from this action has no bearing on whether a transfer
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`under 28 U.S.C. § 1404 for Comcast Cable and Comcast of Houston is appropriate.
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`5.
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`In the event that Comcast Cable and/or Comcast of Houston are unable to satisfy their
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`financial obligations, if any, to C-Cation Tech due to any final judgment in this action, Comcast
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`Corporation agrees to cover such financial obligations of Comcast Cable Communications and/or
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`Com cast of Houston.
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`6.
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`Effective immediately, C-Cation Tech hereby withdraws the following jurisdictional
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`discovery requests and deposition notice to Comcast: (1) C-Cation Tech's First Set oflnterrogatories
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`to the Comcast Defendants for Jurisdictional Discovery (Nos. 1-8); (2) Cation Tech's Requests for
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`Documents and Things to the Comcast Defendants for Jurisdictional Discovery (Nos. 1-47); and
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`(3) C-Cation Tech's Notice of Deposition of the Comcast Defendants Pursuant to FED. R. CIV. P.
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`625696.01
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`Case 2:11-cv-00030-DF Document 120 Filed 02/27/12 Page 6 of 6 PageID #: 1206
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`30(b )(6) for Jurisdictional Discovery. Comcast has no obligation to respond and object to these
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`discovery requests and deposition notice.
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`SO STIPULATED.
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`DATED: February 24, 2012
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`DATED: February 24, 2012
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`By: /s/ Ryan K. Wong
`
`By:
`
`/s/ Jeffrey S. Ginsberg
`
`Deron R. Dacus
`ddacus@dacusfirm.com
`Texas State Bar No. 00790553
`The Dacus Firm, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 581-2543
`
`Of Counsel:
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`Brian L. Ferrall
`bferrall(aJkvn.com
`Leo L. Lam
`llam(~i)kvn.com
`RyanK. Wong
`nvong@k vn.com
`Keker & VanNest LLP
`633 Battery Street
`San Francisco, CA 94111-1809
`Telephone: (415) 391-5400
`Facsimile: (415) 397-7188
`
`Attorneys for Defendants
`COMCAST CORPORATION, COMCAST
`CABLE COMMUNICATIONS, LLC, and
`COMCAST OF HOUSTON, LLC
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`625696.01
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`Sam Baxter
`Lead Attorney
`Texas State Bar No. 01938000
`sbaxter@mckoo lsmith. com
`MCKOOL SMITH, P.C.
`104 East Houston, Suite 300
`Marshall, TX 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
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`John F. Garvish, II
`Texas State Bar No. 24043681
`j garvish(cV,mckoolsmi th. com
`MCKOOL SMITH, P.C.
`300 West Sixth Street, Suite 1700
`Austin, TX 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
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`Of Counsel:
`
`Lewis V. Popovski
`lpopovski(@.kenyon.com
`Jeffrey S. Ginsberg
`j gins berg(iz)kenvon. com
`David J. Kaplan
`dkaplan@kenyon.com
`KENYON & KENYON, LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
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`Attorneys for Plaintiff
`C-CA TION TECHNOLOGIES, LLC
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`Case 2:11-cv-00030-DF Document 120-1 Filed 02/27/12 Page 1 of 1 PageID #: 1207
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C-CATION TECHNOLOGIES, LLC,
`
`Plaintiff,
`
`v.
`
`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba SUDDENLINK
`COMMUNICATIONS, CABLE ONE, INC.,
`ALMEGA CABLE INC., LONGVIEW CABLE
`TELEVISION COMPANY, INC., and KILGORE
`VIDEO, INC.,
`
`Case No. 2:11-CV-30-DF
`
`
`
`
`Judge:
`
`
`
`
`
`Hon. David Folsom
`
`
`
`
`
`Defendants.
`
`[PROPOSED] ORDER DISMISSING COMCAST CORPORATION
`
`Pursuant to the Unopposed Motion to Dismiss Comcast Corporation filed by Defendants
`
`Comcast Corporation, Comcast Cable Communications, LLC, and Comcast of Houston, LLC, and
`
`the Stipulation attached as Exhibit A thereto, Comcast Corporation is hereby dismissed from this
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`action without prejudice.
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`IT IS SO ORDERED.
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`629983.01
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