IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TOUCHSTREAM TECHNOLOGIES, INC. §
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Plaintiff,
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v. § CASE NO. 2:23-cv-00062-JRG-RSP
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COMCAST CABLE COMMUNICATIONS,
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LLC d/b/a XFINITY, et al.,
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Defendants.
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ORDER
Before the Court are the following objections (the “Objections”) filed challenging pretrial rulings issued by Magistrate Judge Payne in the above-captioned Case1:
1. Comcast’s Objections to the Memorandum Order Denying Comcast’s Motion to Strike
the Opinions of Dr. Russell W. Mangum III (Dkt. No. 263)
2. Comcast’s Objections to Magistrate Judge Payne’s Denial of Comcast MIL No. 3 (Dkt.
No. 243)
3. Plaintiff Touchstream Technologies, Inc.’s Objection to Ruling On Defendants
Comcast Cable Communications, LLC et al.’s Motion in Limine No. 42 (Dkt. No. 246) 4. Plaintiff Touchstream’s Objections to Magistrate Judge Payne’s Evidentiary Rulings
on the Admissibility of PTX 85 and Certain Deposition Designations of Tony Werner (Dkt. No. 306)
5. Comcast’s Objection to the Magistrate Judge’s Decision Overruling Comcast’s
Objections to Plaintiff’s Trial Exhibit 7 (Dkt. No. 309)
6. Plaintiff Touchstream Technologies, Inc.’s Objection to Ruling Re Defendants
Comcast Cable Communications, LLC et al.’s Motion to Exclude and Strike the Opinions of Dr. Kevin Almeroth (Case No. 2:23-cv-00062, Dkt. No. 25)
2After reviewing Judge Payne’s rulings and the briefing on the Objections, the Court agrees with the reasoning provided by Judge Payne and concludes that the Objections fail to show that the rulings were clearly erroneous or contrary to law. Consequently, the Court:
1. OVERRULES Comcast’s Objections (Dkt. No. 263) and ADOPTS Judge Payne’s
Memorandum Order (Dkt. No. 239);
2. OVERRULES Comcast’s Objections (Dkt. No. 243) and ADOPTS Judge Payne’s
rulings as announced into the record;
3. OVERRULES Touchstream’s Objections (Dkt. No. 246) and ADOPTS Judge
Payne’s rulings as announced into the record;
4. OVERRULES Touchstream’s Objections (Dkt. No. 306) and ADOPTS Judge
Payne’s rulings as announced into the record;
5. OVERRULES Comcast’s Objections (Dkt. No. 309) and ADOPTS Judge Payne’s
rulings as announced into the record; and
6. OVERRULES Touchstream’s Objections (Case No. 2:23-cv-00062, Dkt. No. 25) and
ADOPTS Judge Payne’s Memorandum Order (Dkt. No. 329).
The Court therefore ORDERS the following: . 1. Comcast’s Motion to Strike the Opinions of Dr. Russell W. Mangum III (Dkt. No. 83)
is DENIED.
2. Comcast’s Motion in Limine No. 1 (Dkt. No. 172) is GRANTED.
3. Comcast’s Motion in Limine No. 3 (Dkt. No. 172) is DENIED.
4. Comcast’s Motion in Limine No. 4 (Dkt. No. 172) is GRANTED.
5. Comcast’s ’s Motion to Strike Certain Opinions of Dr. Kevin Almeroth (Dkt. No. 84)
is GRANTED-IN-PART as explained in the Report and Recommendation (Dkt. No. 329).
So ORDERED and SIGNED this 13th day of March, 2025.
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
Footnotes
- ↩ 1 The rulings and objections were filed in then-lead case 2:23-cv-00059-JRG-RSP. The cases were thereafter deconsolidated. (Case No. 2:23-cv-00059, Dkt. No. 360). All docket citations are to docket entries in Case No. 2:23-cv-00059 unless otherwise noted.
- ↩ 2 While the title of this Objection indicates that Plaintiff only challenges Magistrate Judge Payne’s ruling on MIL No. 4, in this Objection, Plaintiff also challenges Magistrate Judge Payne’s ruling on MIL No. 1. (Dkt. No. 246 at 4.)