`12409
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`CHARTER COMMUNICATIONS, INC. et
`al.,
`
`Defendants.
`TOUCHSTREAM TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`COMCAST CABLE COMMUNICATIONS,
`LLC, d/b/a XFINITY, et al.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Lead Case No. 2:23-cv-00059-JRG
`Member Case No. 2:23-cv-00062-JRG
`
`COMCAST’S NOTICE OF TRIAL CONFLICT
`
`Defendants Comcast Cable Communications, LLC, Comcast Corporation, Comcast
`
`Cable Communications Management, LLC, and Comcast of Houston, LLC (collectively
`
`“Comcast”) respectfully submit this Notice to inform the Court of a trial conflict involving its
`
`technical expert, Dr. Kevin Jeffay, Ph.D., and request rescheduling of the Comcast member case.
`
`The Comcast member case was not included in the Court’s December 13, 2024 email
`
`laying out its trial calendar for January 13, 2025. However, counsel learned during the
`
`December 19, 2024 pretrial conference that the instant case is on the trial list for that date.
`
`As explained during the pretrial conference, Dr. Jeffay is scheduled to testify as an expert
`
`witness in Corrigent Corp. v. Cisco Sys., Inc., No. 6:22-cv-00396-ADA (W.D. Tex.) beginning
`
`that same day. That trial was scheduled before the rescheduling of, and recent notice regarding,
`
`this case. Due to this conflict, the Magistrate Judge indicated that Touchstream Techs., Inc. v.
`
`1
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 232 Filed 12/20/24 Page 2 of 3 PageID #:
`12410
`
`Charter Comm’s, Inc., No. 2:23-cv-0059 would proceed to trial ahead of the Comcast member
`
`case should the Touchstream consolidated cases have a trial on January 13.
`
`Comcast thus respectfully requests that the trial in the member Comcast case be
`
`continued to January 27, 2025 or as soon a date thereafter as the Court deems appropriate.
`
`COUNSEL FOR COMCAST DEFENDANTS,
`
`/s/ Ashok Ramani
`Deron Dacus (State Bar No. 00790553)
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Tel: (903) 705-1117
`Fax: (903) 581-2543
`ddacus@dacusfirm.com
`
`Ashok Ramani (CA Bar No. 200020)
`David J. Lisson (CA Bar No. 250994)
`James Y. Park (CA Bar No. 343659)
`Micayla Hardisty (CA Bar No. 333246)
`DAVIS POLK & WARDWELL LLP
`900 Middlefield Road, Suite 200
`Redwood City, CA 94063
`ashok.ramani@davispolk.com
`david.lisson@davispolk.com
`james.park@davispolk.com
`micayla.hardisty@davispolk.com
`
`Alena Farber (NY Bar No. 5896170)
`DAVIS POLK & WARDWELL LLP
`450 Lexington Avenue
`New York, NY 10017
`alena.farber@davispolk.com
`
`
`
`
`Dated: December 20, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 232 Filed 12/20/24 Page 3 of 3 PageID #:
`12411
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on December 20, 2024 a true and correct copy of
`
`the above and foregoing document has been served on all counsel of record who are deemed to
`
`have consented to electronic service via the Court’s CM/ECF system per Local Rule CV-
`
`5(a)(3)(A).
`
`
`
`
`
`
`/s/ Ashok Ramani
`Ashok Ramani
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
