`
`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.
`
`§
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`Lead Case No. 2:23-cv-00059-JRG
`Member Case No. 2:23-cv-00062-JRG
`
`JOINT MOTION TO TAKE DEPOSITION OUT OF TIME
`
`Plaintiff Touchstream Technologies, Inc. (“Touchstream”) and Defendants Comcast
`
`Cable Communications, LLC, d/b/a Xfinity; Comcast Corporation; Comcast Cable
`
`Communications Management, LLC; and Comcast of Houston, LLC, (collectively “Comcast”)
`
`file this Joint Motion to take the deposition of Comcast’s expert, Dr. Kevin Jeffay, out of time.
`
`Expert discovery in this case is scheduled to close on July 29, 2024. Dr. Jeffay’s
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`deposition was scheduled to take place on July 26. However, Dr. Jeffay is unable to sit for a
`
`deposition at that time due to medical issues. The parties have agreed to conduct Dr. Jeffay’s
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`deposition on August 2.
`
`Thus, the parties respectfully request that the deadline to take Dr. Jeffay’s deposition
`
`be extended up to and including August 2, 2024. This request would not affect any other
`
`deadlines and would not require modification to the Court’s overall schedule for the case.
`
`
`
`
`
`Case 2:23-cv-00059-JRG Document 81 Filed 07/26/24 Page 2 of 3 PageID #: 1622
`
`Touchstream reserves its rights to supplement its briefing to the extent the timing of
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`Dr. Jeffay’s deposition and transcript delivery may impact it.
`
`Dated: July 25, 2024
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Ryan Dykal
`Ryan Dykal
`BOIES SCHILLER FLEXNER LLP
`1401 New York Avenue, N.W.
`Washington, DC 20005
`rdykal@bsfllp.com
`
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`Counsel for Plaintiff Touchstream
`Technologies, Inc.
`
`/s/ David J. Lisson
`David J. Lisson (CA Bar No. 250994)
`DAVIS POLK & WARDWELL LLP
`1600 El Camino Real
`Menlo Park, CA 94025
`david.lisson@davispolk.com
`
`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
`
`Counsel for Comcast Defendants
`
`
`
`
`
`-2-
`
`
`
`Case 2:23-cv-00059-JRG Document 81 Filed 07/26/24 Page 3 of 3 PageID #: 1623
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that counsel has complied with the meet and confer
`
`requirement in Local Rule CV-7(h) and that this is a joint motion.
`
`
`
`
`/s/ David J. Lisson
`David J. Lisson
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this document is being served through CM/ECF
`
`on July 25, 2024.
`
`
`
`
`
`
`/s/ David J. Lisson
`David J. Lisson
`
`
`
`-3-
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`
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