Case 1:12-mc-00150-RLW-AK Document 26 Filed 06/14/12 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MILLENNIUM TGA, INC.,
) No. 4:11-cv-4501]
) Case No.: 1:12-mc-00150-RLW-AK
) Judge : Hon. Robert L. Wilkins
) Magistrate Judge: Hon. Alan Kay
[Case pending in the U.S. District Court
for the Southern District of Texas,
PLAINTIFF’S MOTION FOR AN IMMEDIATE TELEPHONIC HEARING
Plaintiff’s counsel has just been informed that Comcast’s counsel contacted the Court ex
parte yesterday to advocate on pending matters in this miscellaneous action. Immediately after
the unannounced ex parte advocacy concluded, Comcast’s motion for a stay was granted and
Plaintiff’s motion to strike was denied. Plaintiff’s counsel is gravely troubled by the appearance
of yesterday’s events.
Plaintiff’s counsel respectfully requests an immediate telephonic hearing on all matters
currently pending before the Court so that it may contain the damage caused by Comcast’s ex
parte advocacy and have an equal opportunity to present its case. Plaintiff has the utmost respect
for the Court and does not believe that the Court’s relationship with Mr. Seiver would have any
impact on the Court’s decision-making process. However, as a zealous advocate for its client,
Plaintiff’s counsel can hardly allow this startling development to go unchallenged.
It bears mentioning that Comcast’s grand strategy in this miscellaneous action is to paint
Plaintiff as abusive of the legal process. To be sure, no federal court has ever come close to
ruling that a nonparty, like Comcast, has standing to raise joinder and personal jurisdiction
Case 1:12-mc-00150-RLW-AK Document 26 Filed 06/14/12 Page 2 of 3
defenses on behalf of its subscribers. Yesterday’s developments suggest that Comcast is not well
suited to cast the first stone.
DATED: June 14, 2012
MILLENNIUM TGA, INC.
By: /s/ Paul A. Duffy
Paul A. Duffy, Esq. (D.C. Bar Number: IL0014)
Prenda Law Inc.
161 N. Clark St., Suite 3200
Chicago, IL 60601
Telephone: (312) 880-9160
Facsimile: (312) 893-5677
E-mail: [email protected]
Counsel for the Plaintiff
Case 1:12-mc-00150-RLW-AK Document 26 Filed 06/14/12 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 14, 2012, all counsel of record who are
deemed to have consented to electronic service are being served a true and correct copy of the
foregoing document using the Court’s CM/ECF system.
/s/ Paul A. Duffy
PAUL A. DUFFY