Albritton v. Cisco Systems, Inc. et al

Filing 201

RESPONSE to Motion re 192 MOTION in Limine filed by Cisco Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(Babcock, Charles)

EXHIBIT "B" Albritton, Eric M. 10/27/2008 Page 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON, Plaintiff, VS. CISCO SYSTEMS, INC., RICK FRENKEL, MALLUN YEN & JOHN NOH, * C.A. NO. 6:08-CV-00089 * * * * * Defendants. ORAL DEPOSITION OF ERIC M. ALBRITTON El OCTOBER 27TH, 2008 ORAL DEPOSITION OF ERIC ALBRITTON, produced as a witness at the instance of the CLAIMANT, and duly sworn, was taken in the above-styled and numbered cause on the 27th of October, 2008, from 12:44 p.m. to 4:24 p.m., before Tammy Staggs, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of James A. Holmes, 605 South Main, Suite 203, Henderson, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. West Court Reporting Services 800.548 . 3668 Ext.1 Albritton, Eric M. 10/27/2008 Page 2 1 2 FOR THE PLAINTIFF: APPEARANCES 3 4 5 James A. Holmes, Esq. LAW OFFICE OF JAMES A. HOLMES 605 South Main Suite 203 Henderson, Texas 75654 Phone: 903.657.2800 Fax: 903.657.2855 E-mail: JH@JamesHolmesLaw.com 6 7 8 FOR THE DEFENDANT, CISCO SYSTEMS, INC.: 9 10 11 12 Charles L. Babcock, Esq. JACKSON WALKER, LLP 1401 McKinney Suite 1900 Houston, Texas 77010 Phone: 713.752.4200 Fax: 713.752.4221 E-mail: cbabcock@jw.com FOR THE DEFENDANT, RICHARD FRENKEL: E 13 14 15 Nicole Peavy, Esq. 16 17 18 19 20 21 22 23 24 25 George L. McWilliams, Esq. LAW OFFICES OF GEORGE L. McWILLIAMS 406 Walnut PO Box 58 Texarkana, Texas 75504 Phone: 870.772.2055 ALSO PRESENT: Doug Rankin - Videographer West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton , Eric M. 10/27/2008 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX Appearances ..................................... Exhibit List .................................... Stipulations .................................... ERIC ALBRITTON: EXAMINATION BY MR. BABCOCK ................. EXAMINATION BY MR. McWILLIAMS .............. PAGE 2 4 -- 6 134 Signature and Changes ........................... 157 Reporter's Certificate .......................... 159 REQUESTED DOCUMENTS/INFORMATION (None) CERTIFIED QUESTIONS (None) West Court Reporting Services 800.548.3668 Ext. 1 Albritton, Eric M. 10/27/2008 Page 4 EXHIBITS NO. DESCRIPTION PAGE Exhibit 21A Exhibit 22 Notice of deposition ..................... Patently-o, Patent Law Blog .............. Law 360, the newswire for business lawyers .................................. E-mail from Mr. Albritton to John Ward, dated 10/16/07 ........................... Series of E-mails between Johnny Ward and Mr. Albritton dated 10/17/07 ............. Two articles that are the subject of the lawsuit .................................. Memorandum in Support of Defendant's Motion to Stay ........................... Draft of this plaintiff's motion to enjoin sent to Mr. Albritton by Mr. McAndrews on October 17th at 8:01.... E-mail from Peter McAndrews to Mr. Albritton and John Ward .............. Letter to Mr. Albritton from Jason Saunders dated 10/18/07 .................. 6 100 4 Exhibit 23 5 6 7 Exhibit 28 Exhibit 26 104 107 8 9 Exhibit 31 107 84 10 Exhibit 32 11 12 13 14 15 Exhibit 47 Exhibit 39 Exhibit 36 29 36 108 16 17 Exhibit 49 114 E-mail from Jamie Holmes to Michael Smith dated 3/14/08 ............................ Printout of the Albritton Law Firm Web site in 2007 ............................. 123 18 Exhibit 62 19 125 127 20 21 22 23 24 25 Exhibit 63 Printout from lawyers.com ................ West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10/27/2008 Page 5 1 PREVIOUSLY MARKED EXHIBITS NO. DESCRIPTION PAGE 2 3 4 5 Exhibit 12 Exhibit 14 David Maland's memo ...................... Three E-mails between Ms. Mathis and Mr. Albritton on March 14th of 2008...... Civil cover sheet on the ESN vs. Cisco Case ..................................... 45 54 Exhibit 19 6 7 8 9 18 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10!27/2008 Page 6 1 2 3 4 5 6 7 8 9 10 11 PROCEEDINGS (Exhibits 21A - 63 marked) THE VIDEOGRAPHER: Here begins the videotape deposition of Eric Albritton in the matter of Eric M.'Albritton vs. Cisco Systems, Inc., Rick Frenkel, et al. Case No. 6:08CV00089. Today's date is October 27th of 2008. The time is approximately 12:44 p.m. Now on the record. ERIC ALBRITTON, having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Would you state your name, sir. Eric Albritton. E 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Mr. Albritton, here is Exhibit 21A. I just like to start each deposition with a notice. Obviously you're here, so there's no question about that. What -- how are you employed? A. Q. A. Q. A. Q. correct? I'm a lawyer. And do you practice with a firm? I do. What's the name of the firm? Eric M. Albritton, PC. And PC stands for professional corporation, West Court Reporting Services 800.548 .3668 Ext.1 Albritton, Eric M. 10/27/2008 Page 59 1 me and the clerk's office of being criminals and conspiring together to manufacture subject matter jurisdiction, something to that effect. Q. respond? A. I don't recall. I'm sure he said something Okay. What did -- what did Wesley Hill 2 3 4 5 6 7 8 9 10 11 12 about them being sorry no-good suckers. Them being whoever the anonymous person was, but I don't recall specifically. Q. Do you recall him using the phrase "sorry no-good suckers"? A. Q. A. No. That's your phrase? Yes, sir. 13 14 15 16 17 18 Q. Have you ever called the people responsible for the Troll Tracker article on the October 18th sorry no-good suckers before? A. I don't recall if I've called them that 19 20 21 22 23 24 25 specifically, but I've called them lots of ugly names. Q. A. Q. take it? A. When they accuse me of being a criminal, Okay. To whom? I don't know. But you're not shy about calling them names, I absolutely not. West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10/2712008 Page 79 M 1 2 3 4 5 6 7 8 9 10 11 12 you believe the law presumes? A. I'm not here to offer legal opinions. Whatever the law presumes is whatever the law presumes. Q. Okay. So -- so to get -- get back to my question a few questions ago, you're not willing to rule out anything that the law would permit you to have other than economic damages? A. Q. I'm not asking for any economic damage. And other than that, you're going for everything? A. As we sit here this second, I think a jury ought to be able to award, you know, the damages it believes are appropriate, except for I'm not asking for, you know, medical bills or economic damages. Q. Okay. The ambiguity that I mentioned earlier E 13 14 15 16 17 was created by your complaint vis-a-vis your disclosures, and it says in your complaint that you've endured shame, embarrassment, humiliation, mental pain, and anguish. those things? A. traumatic. Q. Okay. Can you identify for me a friend who Yes. This has been extremely, extremely Are you still seeking damages for all 18 19 20 21 22 23 24 25 was a friend of yours prior to the October 18th and 17th articles and who is -- and who is now not a friend as a West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10/27!2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10/27/2008 Page 158 1 2 3 4 5 6 7 8 9 I, ERIC ALBRITTON, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above. ERIC ALBRITTON THE STATE OF COUNTY OF ) 10 11 12 El 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTARY PUBLIC IN AND FOR THE STATE OF COMMISSION EXPIRES: Before me, , on this day personally appeared ERIC ALBRITTON, known to me (or proved to me under *oath or through ) (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , West Court Reporting Services 800.548.3668 Ext.1 Albritton , Eric M. 10/27/2008 Page 159 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON, Plaintiff, * * * C.A. NO. 6:08-CV-00089 * vs. CISCO SYSTEMS, INC., RICK FRENKEL, MALLUN YEN & JOHN NOH, 8 9 10 11 * Defendants. * r. 12 13 14 15 REPORTER'S CERTIFICATION DEPOSITION OF ERIC ALBRITTON OCTOBER 27TH, 2008 16 17 I, TAMMY LEA STAGGS, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following: That the witness, ERIC ALBRITTON, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; 18 19 20 21 22 23 24 25 That the deposition transcript was submitted on to the witness or to the attorney for the witness for examination, signature and return to West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton, Eric M. 10/27/2008 Page 160 1 2 3 4 5 me by That the amount of time used by each party at the deposition is as follows: Mr. James A. Holmes - (0:00) Mr. Charles L. Babcock - (2:38) Mr. George L. McWilliams - (0:35) 6 7 8 9 10 11 12 That pursuant to information given to the deposition officer at the time said testimony was taken, the following includes counsel for all parties of record: FOR THE PLAINTIFF: James A. Holmes, Esq. FOR THE DEFENDANT, CISCO SYSTEMS, INC.: Charles L. Babcock, E'sq. FOR THE DEFENDANT, RICHARD FRENKEL: George L. McWilliams, Esq. 13 14 15 16 17 18 19 20 21 22 23 24 25 Nicole Peavy That $ is the deposition officer's charges to the Defendant, Cisco Systems, for preparing the original deposition transcript and any copies of exhibits; West Court Reporting Services 800.548.3668 Ext. 1 Page 161 1 2 I further certify that I am neither counsel for, to, nor employed by any of the parties or 0ated 1 3 4 5 6 drAeys in the action in which this proceeding was taked;^' nd further that I am not financially ootKerw se nterested in the outcome of the action. erti f d,, to by me this 31st of October, 2008. 7 V 8 9 10 11 , 0/-,-,Ta mmy r, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lea aggs , C R 7496 pi r a t ion D a t e . 12/31/2009 firm No. Dallas: 69 Houston: 373 HG Litigation Services 2 5 0 lea k Lawn . Avenue suite I as , 7.5219 as 2121 . 1 Fax 214 . 521 . 1034 8 8 865 6. ŠI 1 (AM . ^. .:. ab7fc7al -e277-44df-bd9d-44b 2faf2097b