Comcast Cable Communications Management, LLC et al v. MaxLinear, Inc.
Plaintiff: Comcast Cable Communications Management, LLC and Comcast Cable Communications, LLC
Defendant: MaxLinear, Inc.
Case Number: 1:2023cv04436
Filed: May 26, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: None
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This docket was last retrieved on July 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2023 Opinion or Order Filing 48 ORDER terminating #38 Letter Motion to Seal. Time to file is enlarged one week. The parties shall meet and confer during this period, and then renew the application. (Signed by Judge Alvin K. Hellerstein on 7/17/23) (yv)
July 17, 2023 Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Corporate Parent, Other Affiliate BlackRock Inc., Other Affiliate The Vanguard Group, Inc. for MaxLinear, Inc.. Document filed by MaxLinear, Inc...(Khawaja, Atif)
July 17, 2023 Filing 46 NOTICE OF APPEARANCE by Craig Jacob Bergman on behalf of Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Bergman, Craig)
July 17, 2023 Opinion or Order Filing 45 ORDER, A hearing on Plaintiff's application for a preliminary injunction will be held on September 13, 2023 at 2:00 p.m. in Courtroom 14D. No later than September 11, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Status Conference set for 9/13/2023 at 02:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/17/23) (yv)
July 17, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Atif Khawaja to RE-FILE Document No. #37 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found on the NYSD forms page. (kj)
July 14, 2023 Filing 44 DECLARATION of William Torgerson (Public Version) in Opposition re: #7 Proposed Order to Show Cause With Emergency Relief, #40 Memorandum of Law in Opposition. Document filed by MaxLinear, Inc...(Khawaja, Atif)
July 14, 2023 Filing 43 ***SELECTED PARTIES***DECLARATION of William Torgerson in Opposition re: #39 Memorandum of Law in Opposition, #7 Proposed Order to Show Cause With Emergency Relief, #38 LETTER MOTION to Seal Opposition to Plaintiffs' Application for a Preliminary Injunction addressed to Judge Alvin K. Hellerstein from Atif Khawaja, P.C. dated 07/14/2023.. Document filed by MaxLinear, Inc., Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC. Motion or Order to File Under Seal: #38 .(Khawaja, Atif)
July 14, 2023 Filing 42 DECLARATION of Atif Khawaja, P.C. (Public Version) in Opposition re: #7 Proposed Order to Show Cause With Emergency Relief, #40 Memorandum of Law in Opposition. Document filed by MaxLinear, Inc.. (Attachments: #1 Exhibit 1- Kiriacoulacos Deposition, #2 Exhibit 2- Herrin Deposition, #3 Exhibit 3- Cave Deposition).(Khawaja, Atif)
July 14, 2023 Filing 41 ***SELECTED PARTIES***DECLARATION of Atif Khawaja, P.C. in Opposition re: #39 Memorandum of Law in Opposition, #7 Proposed Order to Show Cause With Emergency Relief, #38 LETTER MOTION to Seal Opposition to Plaintiffs' Application for a Preliminary Injunction addressed to Judge Alvin K. Hellerstein from Atif Khawaja, P.C. dated 07/14/2023.. Document filed by MaxLinear, Inc., Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC. (Attachments: #1 Exhibit 1- Kiriacoulacos Deposition, #2 Exhibit 2- Herrin Deposition, #3 Exhibit 3- Cave Deposition)Motion or Order to File Under Seal: #38 .(Khawaja, Atif)
July 14, 2023 Filing 40 MEMORANDUM OF LAW in Opposition re: #7 Proposed Order to Show Cause With Emergency Relief, (Public Version). Document filed by MaxLinear, Inc...(Khawaja, Atif)
July 14, 2023 Filing 39 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #7 Proposed Order to Show Cause With Emergency Relief, #38 LETTER MOTION to Seal Opposition to Plaintiffs' Application for a Preliminary Injunction addressed to Judge Alvin K. Hellerstein from Atif Khawaja, P.C. dated 07/14/2023. . Document filed by MaxLinear, Inc., Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC. Motion or Order to File Under Seal: #38 .(Khawaja, Atif)
July 14, 2023 Filing 38 LETTER MOTION to Seal Opposition to Plaintiffs' Application for a Preliminary Injunction addressed to Judge Alvin K. Hellerstein from Atif Khawaja, P.C. dated 07/14/2023. Document filed by MaxLinear, Inc...(Khawaja, Atif)
July 14, 2023 Filing 37 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock Inc., Other Affiliate The Vanguard Group, Inc. for MaxLinear, Inc.. Document filed by MaxLinear, Inc...(Khawaja, Atif) Modified on 7/17/2023 (kj).
July 13, 2023 Filing 36 PROPOSED PROTECTIVE ORDER. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
July 12, 2023 Opinion or Order Filing 35 SCHEDULING ORDER: The parties are hereby ordered to appear for an initial conference on September 29, 2023, at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than September 27, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. (Initial Conference set for 9/29/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/12/23) (yv)
June 22, 2023 Opinion or Order Filing 34 STIPULATION EXTENDING TIME. IT IS HEREBY STIPULATED by and between the undersigned counsel, on behalf of the Parties, that: 1. MaxLinear's deadline to answer or otherwise respond to the Complaint is extended until 30 days after the Court's ruling on Comcast's Application for a Preliminary Injunction. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/22/23) (yv)
June 21, 2023 Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by MaxLinear, Inc...(Brown, Judson)
June 20, 2023 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: #31 Letter Proposed Schedule to Resolve Comcast's Application for Preliminary Injunction, filed by Comcast Cable Communications, LLC, Comcast Cable Communications Management, LLC. ENDORSEMENT: SO ORDERED., ( Deposition due by 8/9/2023.) (Signed by Judge Alvin K. Hellerstein on 6/20/23) (yv)
June 15, 2023 Filing 31 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dana M. Seshens dated June 15, 2023 re: Proposed Schedule to Resolve Comcast's Application for Preliminary Injunction. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
June 14, 2023 Filing 30 AFFIDAVIT OF SERVICE of Complaint, Civil Cover Sheet, Summons, Notice of Appearance of Dana Seshens, Plaintiffs' Corporate Disclosure Statement, Electronic Summons, Proposed Order to Show Cause, Letter Motion to Seal Plaintiffs' Memorandum of Law in Support of Motion for an Order to Show Cause, [Sealed] Memorandum of Law in Support of Order to Show Cause, [Redacted] Memorandum of Law in Support of Order to Show Cause, [Sealed] Declaration of Dana Seshens in Support of Plaintiffs' Application for Preliminary Injunction and Temporary Restraining Order, [Redacted] Declaration of Dana Seshens in Support of Plaintiffs' Application for Preliminary Injunction and Temporary Restraining Order with Attached Exhibits A-F, [Sealed] Declaration of Dana Seshens in Support of Proposed Order to Show Cause, [Redacted] Declaration of Dana Seshens in Support of Proposed Order to Show Cause, [Sealed] Declaration of Jon Cave, [Redacted] Declaration of Jon Cave, Declaration of Peter Kiriacoulacos, and Declaration of Charlie Herrin served on MaxLinear, Inc. on June 1, 2023. Service was accepted by Shawn Mao, Receptionist. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
June 14, 2023 Opinion or Order Filing 29 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #28 Motion for Judson Brown to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 6/14/2023) (rro)
June 13, 2023 Filing 28 MOTION for Judson Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27865953. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MaxLinear, Inc.. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit 1- DC Certificate of Good Standing, #3 Exhibit 2- Tenn Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Brown, Judson)
June 13, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Judson Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27865953. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh)
June 5, 2023 Opinion or Order Filing 27 MEMO ENDORSEMENT: on re: #24 Letter filed by Comcast Cable Communications, LLC, Comcast Cable Communications Management, LLC. ENDORSEMENT: The hearing scheduled for June 6, 2023 is canceled. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/05/2023) (ama)
June 5, 2023 Opinion or Order Filing 26 STIPULATION AND ORDER: IT IS HEREBY STIPULATED by and between the undersigned counsel, on behalf of the Parties, that: Comcast withdraws its request for a temporary restraining order; MaxLinear agrees to perform all of its services, and the obligations with respect to services, in a timely manner and without qualification, pursuant to the VSA and SOW, until the later of (a) August 16, 2023, or (b) 30 days after the Court resolves Comcast's Application for a preliminary injunction. MaxLinear agrees to an expedited schedule to resolve Comcast's preliminary injunction motion, with a hearing to be scheduled on or before August 16, 2023, subject to the Court's availability. The Parties will work in good faith to propose a schedule to the Court. Comcast and MaxLinear each reserves all of its rights, claims, and defenses relating to or arising out of the VSA and the associated SOW, including, but not limited to, each Partys position with respect to the termination and enforceability of the VSA and SOW, including the covenants and obligations therein. Nothing in this Stipulation shall be deemed an admission by either Party. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/05/2023) (ama)
June 5, 2023 Opinion or Order Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for David J. Lisson to Appear Pro Hac Vice. The motion of David J. Lisson ("Applicant"), for admission to practice pro hac vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 6/5/23) (yv)
June 2, 2023 Filing 24 LETTER addressed to Judge Alvin K. Hellerstein from Dana M. Seshens and Atif Khawaja dated June 2, 2023 re: Request to Adjourn TRO Hearing. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
June 2, 2023 Filing 23 PROPOSED STIPULATION AND ORDER. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
June 1, 2023 Filing 22 MOTION for David J. Lisson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27815671. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC. (Attachments: #1 Exhibit Declaration in Support, #2 Exhibit Certificate of Good Standing, #3 Exhibit [Proposed] Order).(Lisson, David)
June 1, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for David J. Lisson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27815671. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
May 31, 2023 Filing 21 LETTER addressed to Judge Alvin K. Hellerstein from Dana M. Seshens dated May 31, 2023 re: Responding to Defendant's May 31, 2023 Letter [ECF No. 20]. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 31, 2023 Filing 20 LETTER addressed to Judge Analisa Torres from Atif Khawaja, P.C. dated 05/31/2023 re: in Response to Plaintiffs' Request for Temporary Restraining Order (ECF No. 7). Document filed by MaxLinear, Inc...(Khawaja, Atif)
May 31, 2023 Filing 19 NOTICE OF APPEARANCE by Atif Nabeel Khawaja on behalf of MaxLinear, Inc...(Khawaja, Atif)
May 31, 2023 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp)
May 31, 2023 NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Analisa Torres is no longer assigned to the case. (laq)
May 30, 2023 Filing 18 DECLARATION of Charlie Herrin in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 17 DECLARATION of Peter Kiriacoulacos in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 16 DECLARATION of Jon Cave in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 15 ***SELECTED PARTIES***DECLARATION of Jon Cave in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC, MaxLinear, Inc.. Motion or Order to File Under Seal: #8 .(Seshens, Dana)
May 30, 2023 Filing 14 DECLARATION of Dana M. Seshens in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 13 ***SELECTED PARTIES***DECLARATION of Dana M. Seshens in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC, MaxLinear, Inc.. Motion or Order to File Under Seal: #8 .(Seshens, Dana)
May 30, 2023 Filing 12 DECLARATION of Dana M. Seshens in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC. (Attachments: #1 Exhibit A - Vendor Support Agreement, effective August 1, 2020, #2 Exhibit B - Statement of Work, dated November 2, 2020, #3 Exhibit C - MaxLinear Termination Letter, dated May 18, 2023, #4 Exhibit D - Email from K. Seendripu to C. Herrin, dated May 19, 2023, #5 Exhibit E - Letter from P. Kiriacoulacos to MaxLinear, dated May 24, 2023, #6 Exhibit F - Email between D. Seshens and J. Brown, dated May 26, 2023 to May 29, 2023).(Seshens, Dana)
May 30, 2023 Filing 11 ***SELECTED PARTIES***DECLARATION of Dana M. Seshens in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC, MaxLinear, Inc.. (Attachments: #1 Exhibit A - Vendor Support Agreement, effective August 1, 2020, #2 Exhibit B - Statement of Work, dated November 2, 2020, #3 Exhibit C - MaxLinear Termination Letter, dated May 18, 2023, #4 Exhibit D - Email from K. Seendripu to C. Herrin, dated May 19, 2023, #5 Exhibit E - Letter from P. Kiriacoulacos to MaxLinear, dated May 24, 2023, #6 Exhibit F - Email between D. Seshens and J. Brown, dated May 26, 2023 to May 29, 2023)Motion or Order to File Under Seal: #8 .(Seshens, Dana)
May 30, 2023 Filing 10 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, . Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 9 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, . Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC, MaxLinear, Inc.. Motion or Order to File Under Seal: #8 .(Seshens, Dana)
May 30, 2023 Filing 8 LETTER MOTION to Seal Plaintiffs' Memorandum of Law in Support of their Motion for an Order to Show Cause, Declaration of Jon Cave, Declaration of Dana M. Seshens, and Exhibits A and B to the Seshens Declaration addressed to Judge Analisa Torres from Dana M. Seshens dated May 30, 2023. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 30, 2023 Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
May 30, 2023 Filing 6 ELECTRONIC SUMMONS ISSUED as to MaxLinear, Inc.. (vf)
May 30, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dana Meredith Seshens. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
May 30, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
May 30, 2023 Case Designated ECF. (vf)
May 30, 2023 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
May 26, 2023 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation, Other Affiliate Comcast Holdings Corporation for Comcast Cable Communications, LLC; Corporate Parent Comcast Corporation for Comcast Cable Communications Management, LLC. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 26, 2023 Filing 4 NOTICE OF APPEARANCE by Dana Meredith Seshens on behalf of Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 26, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MaxLinear, Inc., re: #1 Complaint. Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)
May 26, 2023 Filing 2 CIVIL COVER SHEET filed..(Seshens, Dana)
May 26, 2023 Filing 1 COMPLAINT against MaxLinear, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27796610)Document filed by Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC..(Seshens, Dana)

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Plaintiff: Comcast Cable Communications Management, LLC
Represented By: Dana Meredith Seshens
Represented By: David J. Lisson
Represented By: Craig Jacob Bergman
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Plaintiff: Comcast Cable Communications, LLC
Represented By: Dana Meredith Seshens
Represented By: David J. Lisson
Represented By: Craig Jacob Bergman
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Defendant: MaxLinear, Inc.
Represented By: Atif Nabeel Khawaja
Represented By: Judson Brown
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