Case 2:23-cv-00059-JRG Document 158 Filed 08/28/24 Page 1 of 3 PageID #: 9311
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Defendants.
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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`Plaintiff,
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`v.
`CHARTER COMMUNICATIONS, INC., et
`al.,
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`TOUCHSTREAM TECHNOLOGIES, INC.
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`Plaintiff,
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`v.
`COMCAST CABLE COMMUNICATIONS,
`LLC d/b/a XFINITY, et al.,
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`Defendants.
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`CASE NO. 2:23-cv-00059-JRG
`(Lead Case)
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`CASE NO. 2:23-cv-00062-JRG
`(Member Case)
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`ORDER
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`The Court issues this Order sua sponte. On July 23, 2024, Plaintiff Touchstream
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`Technologies, Inc. (“Plaintiff”) and Defendants Comcast Cable Communications, LLC, Comcast
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`Corporation; Comcast Cable Communications Management, LLC; and Comcast of Houston, LLC
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`(collectively, “Comcast”) submitted a Joint Notice Regarding Mediation, in which Plaintiff and
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`Comcast stated that they “agree this case may benefit from mediation” but that they had not agreed
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`on a mediator for the Court’s consideration. (Dkt. No. 79.) The following day, Plaintiff and
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`Defendants Charter Communications, Inc., Charter Communications Operating, LLC, Spectrum
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`Management Holding Company, LLC, Time Warner Cable Enterprises, LLC, Charter
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`Communications, LLC and Spectrum Gulf Coast, LLC (collectively, “Charter” and with Comcast,
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`“Defendants”) filed a substantively identical Joint Notice Regarding Mediation. (Dkt. No. 80.)
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`Most recently, on August 8, 2024, Plaintiff and Defendants submitted a Joint Notice Regarding
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`Case 2:23-cv-00059-JRG Document 158 Filed 08/28/24 Page 2 of 3 PageID #: 9312
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`Mediation. (Dkt. No. 96.) In this latest filing, the Parties still believe “that this case may benefit
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`from mediation,” but they have failed to jointly select a mutually agreeable mediator. (Id. at 1.)
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`In light of the Parties’ desire to mediate but inability to agree upon a mediator, the Court
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`hereby appoints the Hon. David Folsom, Folsom ADR PLLC, 6002-B Summerfield Drive,
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`Texarkana, Texas 75503, telephone number (903) 277-7303 Email: david@folsomadr.com, as
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`mediator in the above-captioned Lead and Member Cases. Accordingly, the parties are
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`ORDERED to mediate before the Hon. David Folsom as soon as reasonably practicable but in no
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`event later than twenty-one (21) days from the entry of this Order. Mediation shall be in a format
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`(in-person, virtual, or a combination thereof) as the mediator shall direct. His directives in such
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`regard shall be binding on the parties and counsel.
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`Mediation shall be governed by the Court-Annexed Mediation Plan, found at:
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`hthttp://www.txed.uscourts.gov/?q=court-annexed-mediation-plan. In particular and without
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`limitation, the Mediation Plan requires the presence at the mediation conference of all parties,
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`corporate representatives, and any other required claims professionals (e.g., insurance adjusters,
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`etc.) with full authority to negotiate a settlement. Exceptions to this requirement may be made only
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`by the presiding judge in writing. Further, this Court’s Standing Order Regarding Participation of
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`Local Counsel
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`in Mediation Efforts
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`(dated April 30, 2018
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`and
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`found
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`at
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`http://www.txed.uscourts.gov/?q=judge/chief-district-judge-rodney-gilstrap) shall be complied
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`with wherever applicable. No one may leave or disengage from any mediation session without the
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`prior express approval of the mediator. The mediator’s directives as to the corporate
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`representatives and their level of authority shall also be controlling as to any mediation session
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`undertaken pursuant to this Order.
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`Case 2:23-cv-00059-JRG Document 158 Filed 08/28/24 Page 3 of 3 PageID #: 9313
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`So Ordered this
`Aug 28, 2024
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