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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

XR COMMUNICATIONS, LLC, dba, 

VIVATO TECHNOLOGIES,

Plaintiff,

v. 

T-MOBILE USA, INC.,

Defendant.

Civil Action No. 2:23-CV-00204-JRG

(Member Case)

 JURY TRIAL DEMANDED

DEFENDANT T-MOBILE USA, INC.’S UNOPPOSED MOTION FOR EXTENSION 

OF TIME TO SERVE INITIAL AND ADDITIONAL DISCLOSURES

Defendant T-Mobile USA, Inc. (“T-Mobile”) respectfully files this Unopposed Motion for 

Extension of Time to Serve Initial and Additional Disclosures and would respectfully show the 

Court as follows: 

Pursuant to the Court’s Docket Control Order (Dkt. 40), the current deadline for T-Mobile 

to serve its Initial and Additional Disclosures is August 31, 2023. T-Mobile requests a brief 

fourteen-day extension from August 31, 2023, up to and including September 14, 2023, to serve 

its Initial and Additional Disclosures. Good cause exists for this brief fourteen-day extension. 

At this time, T-Mobile is in the process of a corporate restructuring. T-Mobile’s outside counsel

is diligently working with T-Mobile’s in-house counsel and/or employees to prepare T-Mobile’s 

Initial and Additional Disclosures during this ongoing corporate restructuring. However, 

T-Mobile needs additional time to finalize its Initial and Additional Disclosures. This brief

fourteen-day extension will allow any newly-assigned in-house counsel and/or employees to this 

case to familiarize themselves with the case and ensure that the appropriate and relevant 

information is included in T-Mobile’s Initial and Additional Disclosures. 

Case 2:23-cv-00204-JRG-RSP Document 17 Filed 08/31/23 Page 1 of 3 PageID #: 882
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T-Mobile represents that this extension is not sought for the purposes of delay but rather

so that justice may be served. Counsel for T-Mobile met and conferred with counsel for Plaintiff 

XR Communications, d/b/a, Vivato Technologies (“Plaintiff”), and counsel for Plaintiff indicated 

that Plaintiff is unopposed to the relief sought in this Motion. 

WHEREFORE, T-Mobile respectfully requests that the Court grant this Unopposed 

Motion for Extension of Time to Serve Initial and Additional Disclosures and extend the deadline 

for T-Mobile to serve its Initial and Additional Disclosures from August 31, 2023, up to and 

including September 14, 2023. 

Dated: August 31, 2023 Respectfully submitted, 

Melissa R. Smith

melissa@gillamsmithlaw.com

Texas Bar No. 24001351 

GILLAM & SMITH, LLP 

303 South Washington Avenue 

Marshall, Texas 75670 

Telephone: (903) 934-8450 

Facsimile: (903) 934-9257 

Matthew S. Yungwirth 

msyungwirth@duanemorris.com 

Alice E. Snedeker

aesnedeker@duanemorris.com

John R. Gibson 

jrgibson@duanemorris.com 

DUANE MORRIS LLP

1075 Peachtree Street NE, Suite 1700 

Atlanta, Georgia 30309 

Telephone: (404) 253-6900 

Counsel for Defendant T-Mobile USA, Inc. 

/s/ Melissa R. Smith

Case 2:23-cv-00204-JRG-RSP Document 17 Filed 08/31/23 Page 2 of 3 PageID #: 883
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CERTIFICATE OF CONFERENCE 

The undersigned hereby certifies that counsel for T-Mobile met and conferred with counsel 

for Plaintiff regarding the substance of this Motion. Counsel for Plaintiff indicated that Plaintiff 

is unopposed to the relief sought in this Motion. 

 

Melissa R. Smith

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that all counsel of record who are deemed to have 

consented to electronic service are being served with a true and correct copy of the foregoing 

document via the Court’s CM/ECF system per Local Rule CV-5(a)(3) on August 31, 2023. 

 

Melissa R. Smith

/s/ Melissa R. Smith

/s/ Melissa R. Smith

Case 2:23-cv-00204-JRG-RSP Document 17 Filed 08/31/23 Page 3 of 3 PageID #: 884