`13610
`
`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-RSP
`Member Case No. 2:23-cv-00062-JRG-
`RSP
`
`PLAINTIFF’S UNOPPOSED MOTION TO DEPOSE WITNESS AFTER DISCOVERY
`DEADLINE
`
`Plaintiff Touchstream Technologies, Inc. (“Touchstream”) hereby files this unopposed
`
`
`
`
`
`
`
`
`
`
`motion to depose Comcast’s witness Evan Cohen after the discovery deadline. Discovery closed
`
`in this matter on June 11, 2024. On December 11, 2024 Comcast made a document production and
`
`supplemented its response to Touchstream’s Interrogatory No. 10. Touchstream seeks the Court’s
`
`permission to take the deposition of Evan Cohen, as he is knowledgeable about the subject matter
`
`of this production and supplemental response. Comcast does not oppose this request and has agreed
`
`to make him available on January 28th for a 90-minute deposition, limited in scope to the December
`
`11, 2024 document production and supplemental interrogatory response. The parties agree this
`
`will not require a continuance.
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 288 Filed 01/24/25 Page 2 of 3 PageID #:
`13611
`
`
`
` Date: January 24, 2025
`Respectfully submitted,
`
`
`
`
`
`
`/s/ Ryan D. Dykal
`Lead Counsel
`
`Ryan D. Dykal (pro hac vice)
`Jordan T. Bergsten (pro hac vice)
`Mark Schafer (pro hac vice)
`Philip A. Eckert (pro hac vice)
`Anita Liu (TX State Bar No. 24134054)
`BOIES SCHILLER FLEXNER LLP
`1401 New York Ave, NW
`Washington, Dc, DC 20005
`(t) 202-274-1109
`rdykal@bsfllp.com
`jbergsten@bsfllp.com
`mschafer@bsfllp.com
`peckert@bsfllp.com
`aliu@bsfllp.com
`
`John Michael Lyons (pro hac vice)
`Sabina Mariella (pro hac vice)
`Sophie Roytblat (pro hac vice)
`BOIES SCHILLER FLEXNER LLP
`55 Hudson Yards, 20th Floor
`New York, NY 10001
`jlyons@bsfllp.com
`smariella@bsfllp.com
`sroytblat@bsfllp.com
`
`Melissa Smith (TX State Bar No. 24001351)
`GILLAM & SMITH LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`(t) 903-934-8450
`melissa@gillamsmithlaw.com
`
`Counsel for Plaintiff Touchstream Technologies,
`Inc.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 288 Filed 01/24/25 Page 3 of 3 PageID #:
`13612
`
`
`CERTIFICATE OF CONFERENCE
`The undersigned hereby certifies that counsel has complied with the meet and confer
`requirement in Local Rule CV-7(h), and this motion is unopposed
`/s/ Ryan D. Dykal
`Ryan D. Dykal
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, on January 24, 2025, the foregoing was served on all counsel of record
`in accordance with the Federal Rules of Civil Procedure.
`/s/ Ryan D. Dykal
`Ryan D. Dykal
`
`
`
`3
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`
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