`
`
`
`
`14024
`
`
`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
`
`JURY TRIAL DEMANDED
`
`
`TOUCHSTREAM’S UNOPPOSED MOTION FOR LEAVE TO FILE MOTION TO
`COMPEL DISCOVERY ON COMCAST’S SUPPLEMENTAL DISCLOSURES
`
` Touchstream moves for leave to file amotion to compel additional discovery on Comcast’s
`
`supplemental disclosures. On December 11, Comcast provided supplemental discovery, and on
`
`January 28, per the agreement of the parties and by Order of the Court, the parties conducted a
`
`deposition regarding that supplement. Dkt. 290.
`
`Good cause exists to allow Touchstream to seek the Court’s assistance in completing
`
`discovery on this matter, as the parties have worked diligently to resolve the matter but remain at
`
`impasse on what discovery is proper. As Touchstream will outline in its motion, this discovery
`
`
`
`∑
`1
`
`1
`
`
`
`Case 2:23-cv-00059-JRG-RSP Document 310 Filed 02/06/25 Page 2 of 3 PageID #:
`
`
`
`
`14025
`
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`concerns events that occurred recently, well after the close of fact discovery, and bear on important
`
`issues relevant to trial.
`
`Touchstream conferred with Comcast counsel, who confirmed they do not oppose this
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`Motion for Leave and will respond within one (1) week.
`
`
`
`Date: February 6, 2025
`
`
`
`Respectfully submitted,
`
`/s/ Ryan 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
`
`Rachel Martin (pro hac vice)
`BOIES SCHILLER FLEXNER LLP
`333 Main Street
`Armonk, NY 10504
`rmartin@bsfllp.com
`
`
`
`∑
`2
`
`2
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`
`
`Case 2:23-cv-00059-JRG-RSP Document 310 Filed 02/06/25 Page 3 of 3 PageID #:
`
`
`
`
`14026
`
`
`
`Melissa Smith (TX State Bar No. 24001351)
`GILLAM & SMITH LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`(t) 903-934-8450
`melissa@gillamsmithlaw.com
`Andrew Thompson (“Tom”) Gorham (TX
`State Bar No. 24012715)
`McKellar L. Karr (TX State Bar No.
`24114356)
`GILLAM & SMITH LLP
`Tyler, TX 75702 (t) (903) 934-8540
`travis@gillamsmithlaw.com
`mckellar@gillamsmithlaw.com
`
` Counsel for Plaintiff Touchstream
` Technologies, Inc.
`
`CERTIFICATE OF CONFERENCE
`
`Counsel for Touchstream has complied with the meet and confer requirement in Local
`
`Rule CV- 7(h) and confirm that this Motion is unopposed. Counsel for Touchstream, and
`
`counsel for Comcast met and conferred by electronic mail on the subject of this Motion on
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`February 6, 2025. Counsel for Comcast confirmed they do not oppose.
`
`Dated: February 6, 2025
`
`/s/ Ryan Dykal
`Ryan D. Dykal
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record who are deemed to have consented to electronic
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`service are being served this 6 day of February, 2025.
`
` Dated: February 6, 2025
`
`/s/ Ryan Dykal
`Ryan D. Dykal
`
`∑
`3
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`3
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