Ward v. Cisco Systems, Inc. et al

Filing 115

REPLY to Response to Motion re 101 MOTION to Compel Responses to Cisco System, Inc.'s First Request for Production and Brief in Support Thereof 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)(Babcock, Charles)

Ward v. Cisco Systems, Inc. et al

Doc. 115 Att. 3

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EXHIBIT "D"

Dockets.Justia.com

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WARD, JR. v. CISCO SYSTEMS, INC. AND RICK FRENKEL C.A. NO. 08-4022 JURY TRIAL DEMANDED

PLAINTIFF'S FIRST SUPPLEMENTAL DISCLOSURES Pursuant to Fed. R. Civ. P. 26(a)(l ), Plaintiff John Ward, Jr. ("Ward"), through counsel, provides the following Initial Disclosures to Defendant Cisco Systems, Inc. ("Cisco"). PRELIMINARY STATEMENT AND RESERVATION OF RIGIITS Ward makes these disclosures based on his current knowledge, based on information that is reasonably available to him at this time, and upon information that is within his possession, custody or control. Ward is under no obligation to produce documents that are within the possession, custody or control of third parties. Ward's investigation and analysis is ongoing and Ward reserves the right to amend or supplement his disclosures consistent with Fed. R. Civ. P. 26(e). By making these disclosures, Ward does not represent that he is identifying every document, tangible thing, or witness possibly relevant to this lawsuit. Ward's initial disclosure are further made without waiv ng in any way: (i) the right to object on the grounds of competency, privilege, the work product doctrine, relevancy, materiality, hearsay, undue burden, or any other proper ground, to the use of any such information for any purpose, in whole or in part, in this action or any other action or proceeding; and (ii) the right to object on any grounds, at any time, or any other discovery request or

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proceeding involving or relating to the subject matter of these disclosures. All the disclosures set forth below are made subject to the above objections and qualifications. Rule 26(a)(1)(A): "[T]he name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subject of information." Disclosure: The following individuals may have potentially discoverable

information Ward may use to support his claims. 1. John Ward, Jr. 111 W. Tyler Street Longview, Texas 75601 [phone] Mr. Ward is the Plaintiff. 2. Richard Frenkel 3229 Morris Drive Palo Alto, CA 94303 Rick Frenkel wrote the blog which contained the defamatory comments causing damage to Defendant's reputation and all matters relating to the causes of action in this case. 3. Corporate Representative of Google, Inc. 1600 Amphitheatre Pkwy Mountain View, California 95051 Google has knowledge of the filing of Plaintiff s original proceeding against John Doe in Gregg County, Texas. Based upon information and belief, it would have informed Rick Frenkel that Plaintiff sought to discover his identity. Google may also have knowledge about the dissemination of the articles at issue. 4. Corporate Representative of Cisco Systems, Inc. San Jose, California Cisco is the Defendant.

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5.

Mark Chandler c/o Jackson Walker, LLP 1401 McKinney Suite 1900 Houston, TX 77010 713.752.4200 General Counsel to Cisco Systems Inc.

6.

Eric M. Albritton 111 W. Tyler Street Longview, Texas 75601 [phone] Mr. Eric M. Albritton also is local counsel on Civil Action No. 5:07cv156, the civil action that resulted in the defamatory comments by Defendant. Mr. Albritton likely has knowledge of all issues in this case. He has knowledge of Plaintiff's reputation in the legal community. He also has knowledge of Plaintiff s damages.

7.

Amie J. Mathis 1903 Inglewood Street Henderson, Texas 75654 Mrs. Mathis filed the Complaint in Civil Action No. 5:07cv 156 on behalf of Eric M. Albritton.

8.

David Maland United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 David Maland has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No. 5:07cv156. Mr. Maland has knowledge of the Local Rules, the court's software system, the Notice of Electronic Filing, local filing procedures and several facts concerning the issues in this case.

9.

Rhonda Lafitte United States District Clerk's Office 500 N State Line Ave Texarkana, Texas 75504 Rhonda Lafitte has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No. 5:07cv156. Ms. Lafitte has knowledge

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about her conversation with Jillian Powell, who called the clerk's office on behalf of Cisco. 10. Shelly Moore United States District Clerk's Office 500 N State Line Ave Texarkana, Texas 75504 Shelly Moore has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No, 5:07cv156. 11. Peggy Thompson United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 Peggy Thompson has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No. 5:07cv156. 12. Faye Thompson United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 Faye Thompson has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No. 5:07cv156. 13. David Provines United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 David Provines has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action No. 5:07cv156. Mr. Provines has knowledge of the Eastern District of Texas' ECF software. 14. Rachel Wilson United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 Rachel Wilson has knowledge of the circumstances surrounding the filing of the Complaint in Civil Action Na. 5:07cv156.

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15.

Cindy Paar United States District Clerk's Office 211 West Ferguson Street, Room 106 Tyler, Texas 75702 Cindy Parr has knowledge of the circumstances surrounding the filing of the. Complaint in Civil Action No. 5:07cv 156.

16.

Peter McAndrews McAndrews Held & Malloy 500 W Madison Street Suite 3400 Chicago, IL 60661 [phone] Peter McAndrews is an attorney and represents the Plaintiff in Civil Action No. 5:07cv156. Mr. McAndrews has knowledge of the facts concerning multiple issues in this case, including communication ESN had with Cisco, the filing of the ESN complaint, Cisco's declaratory judgment action, various motions in the ESN v. Cisco case, the issuance of the ESN patent, and the falsity of Defendant's statements. Mr. McAndrews also has information regarding Cisco's conduct, including negligence, actual malice, recklessness and common law malice. Additionally, Mr. McAndrews may have knowledge of Plaintiff' s damages.

17.

Paul McAndrews McAndrews Held & Malloy 500 W Madison Street Suite 3400 Chicago, IL 60661 [phone] Paul McAndrews is an attorney and represents the Plaintiff in Civil Action No. 5:07cv156. Mr. McAndrews has knowledge of the facts concerning multiple issues in this case, including communication ESN had with Cisco, the filing of the ESN complaint, Cisco's Declaratory Judgment action, various motions in the ESN v. Cisco case, the issuance of the ESN patent, and the falsity of Defendant's statements. Mr. McAndrews may have information regarding Cisco's conduct, including negligence, actual malice, recklessness and common law malice. Additionally, Mr. McAndrews may have knowledge of Plaintiff s damages.

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18.

George P. McAndrews McAndrews Held & Malloy 500 W Madison Street Suite 3400 Chicago, IL 60661 [phone] George P. McAndrews is an attorney and represents the Plaintiff in Civil Action No. 5:07cv156. Mr. McAndrews has knowledge of the facts concerning multiple issues in this case, including communication ESN had with Cisco, the filing of the ESN complaint, Cisco's Declaratory Judgment action, various motions in the ESN v. Cisco case, the issuance of the ESN patent, and the falsity of Defendant's statements. Mr. McAndrews may have information regarding Cisco's conduct, including negligence, actual malice, recklessness and common law malice. Additionally, Mr. McAndrews may have knowledge of Plaintiff's damages.

19.

Gerald C. Willis McAndrews Held & Malloy 500 W Madison Street Suite 3400 Chicago, IL 60661 [phone] Gerald C. Willis is an attorney and he represents the Plaintiff in Civil Action No. 5:07cv156. Mr. Willis may have knowledge of the facts concerning multiple issues in this case, including communication ESN had with Cisco, the filing the ESN complaint, Cisco's Declaratory Judgment action, various motions in the ESN v. Cisco case, the issuance of the ESN patent, and the falsity of Defendant's statements. Mr. Willis may have information regarding Cisco's conduct, including negligence, actual malice, recklessness and common law malice. Additionally, Mr. Willis may have knowledge of Plaintiff's damages.

20.

Michael C. Smith Siebman, Reynolds, Burg, Phillips & Smith, LLP 713 South Washington Avenue Marshall, Texas 75671 [phone] Michael C. Smith had communications with Rick Frenkel about the libelous statements and he allegedly investigated the facts surrounding the filing of Civil Action No. 5:07cv156. Mr. Smith has knowledge about the Local Rules, and the electronic filing procedures in place at the time the ESN complaint was filed. Mr. Smith has knowledge regarding the falsity of Defendant's statements.

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21.

Nell Cooley Ward 101 Fountain Valley Ct. Longview, Texas 75601 [phone] Nell Cooley Ward is Plaintiff's spouse. She has knowledge of Plaintiff s damages.

22.

The Honorable T. John Ward 100 East Houston Street Marshall, Texas 75670 [phone] The Honorable T. John Ward is Plaintiff s father. He has knowledge of Plaintiff s damages.

23.

Bob Chiavello Fulbright & Jaworski - Dallas 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 [phone] Bob Chiavello has knowledge of damage done to Plaintiff's reputation by Defendant's statements. He also has knowledge of Plaintiff's reputation in the legal community. Mr. Chiavello may have additional info regarding the facts of this case.

24.

Raymond P. Niro Niro, Scavone, Haller & Niro 181 West Madison, Suite 4600 Chicago, Illinois 60602 -4635 [phone] Ray Niro may have knowledge of damage done to Plaintiff's reputation by Defendant's statements. He may have knowledge of Plaintiff s reputation in the legal community. Mr. Niro also has knowledge of false statements made by the Troll Tracker. Mr. Niro has knowledge about the reasons the Troll Tracker publically disclosed his identity. Mr. Niro may have additional information regarding facts in this case.

25.

Danny Williams Williams, Morgan & Amerson, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 [phone]

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Danny Williams has knowledge of damage done to Plaintiff s reputation by Defendant's statements. He also has knowledge of Plaintiff s reputation in the legal community. Mr. Williams may have additional information regarding the facts underlying this lawsuit. 26. Sam Baxter MeKool Smith, P.C. 104 E. Houston Street, Suite 300 Marshall, Texas 75670 [phone] Sam Baxter has knowledge about the facts surrounding the filing of the ESN complaint, knowledge that ESN did not violate any local rule, custom or practice in the filing of the ESN complaint. Mr. Baxter has knowledge of the filing procedures in place on October 2007. Mr. Babcock may have knowledge about the date the ESN patent issued. Mr. Baxter has knowledge regarding Defendant's negligence, recklessness and malice in defaming by Troll Tracker. Mr. Baxter may have knowledge regarding the falsity of Defendant's accusations. Sam Baxter has knowledge of Plaintiff's reputation in the legal community. Mr. Baxter may also have information regarding Plaintiff s damages. 27. The Honorable Robert Parker 100 E. Ferguson St., Ste 1114 Tyler, Texas 75702 [phone] The Honorable Robert Parker has knowledge of Plaintiff s reputation in the legal community. 28. The Honorable Lauren Parish 405 North Titus Gilmer, Texas 75644 [phone] The Honorable Lauren Parish has knowledge of Plaintiff's reputation in the legal community. 29. Larry Carlson Baker Botts, LLP 2001 Ross Avenue Dallas, Texas 75201-2980 [phone] Larry Carlson has knowledge of Plaintiff's reputation in the legal community.

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30.

Jim Knowles 909 ESE Loop 323, Suite 410 Tyler, Texas 75701 [phone] Jim Knowles has knowledge of Plaintiff s reputation in the legal community.

31.

Greg Love Love Law Firm 109 W. Tyler Street Longview, Texas 75601 [phone] Greg Love has knowledge of Plaintiff's reputation in the legal community.

32.

Rich Norman Three Riverway, Suite 1775 Houston, TX 77056 [phone] Rich Norman has knowledge of Plaintiff's reputation in the legal community.

33.

John Noh 3663 S. Bascom Avenue Campbell, CA 95008 408.558.9573 Mr. Noh participated in the dissemination of the accused articles. Mr. Noh has factual information regarding many of the issues in this case.

34.

Matthew Tanielian 900 7th Street NW Suite 750 Washington, DC 20001 Troll Tracker believes Mr. Tanielian has information concerning its motive to defame by Troll Tracker. Mr. Tanielian likely has additional relevant information.

35.

Kurt Pankraz Bart Showalter Kevin Meek Steve Shortgen Baker Botts, LLP 2001 Ross Avenue Dallas, Texas 75201 214.953.6500

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Counsel to defendant. The individuals have knowledge about the facts surrounding the filing of the ESN complaint, knowledge that ESN did not violate any local rule, custom or practice in the filing of the ESN complaint. They have knowledge of the filing procedures in place on October 2007 and knowledge that Defendant's statements were false. They have knowledge about the date the ESN patent issued. On information and belief, they have knowledge regarding Defendant's negligence, recklessness and malice in defaming by Troll Tracker. 36. Jillian Powell Baker Botts, LLP 2001 Ross Avenue Dallas, Texas 75201 214.953.6500 Ms. Powell acting as Cisco's agent, contacted the clerk's office and learned information bearing on the falsity of Defendant's statements, Defendant's negligence, recklessness, malice and intent to defame. 37. J. Anthony Downs Goodwin Procter, LLP Exchange Place 53 State Street Boston, MA 01209 Mr. Downs has knowledge about the Hertz v. Enterprise case. 38. Mallun Yen Marta Beckwith Michael Timmeny John Corcoran John Earnhardt Dan Lang Mark Michels Neal Rubin Terry Anderson Robyn Nicole Blum Heather Dickinson Lisa Domingo William Friedman Mary Ooley Jennifer Greeson Dan Lang Kenneth M. Lotich Mark Michels Marc Musgrove

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Paul Redifer Richard Renfree Michael Ritter Neal Rubin Anita Kirsten Weeks Cisco Systems, Inc. c/o Jackson Walker LLP 1401 McKinney Suite 1900 Houston, Texas 77010 713.752.4200 All employees of Defendant who may have factual information regarding the filing of the ESN complaint, the Troll Tracker blog posts, and Cisco's conduct. Rule 26(a)(1)(B): "[A] copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support is claims or defenses, unless solely for impeachment." Disclosure: See documents bearing Bates Numbers Ward 000001 -- 000386, previously produced. Ward reserves the right to identify additional documents as discovery proceeds. Rule 26(a)(I)(C): "[A] computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered." Disclosure: Ward does not seek economic damages. The damages sought by Ward, as set forth in his Complaint, are within the discretion of the jury. Rule 26(a)(1)(D): "[Produce] for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may he liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment." Disclosure: Not Applicable.

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Respectfully Submitted, /s/ Nicholas H. Patton Nicholas H. Patton (SBN 63035) Geoffrey Culbertson Courtney Towle Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard Texarkana, Texas 75503 903.792.7080 / 903.792.8233 (Fax) Patricia L. Peden LAW OFFICES OF PATRICIA L. PEDEN 1316 67 th Street Suite 6 Emeryville, CA 94608 Telephone: [phone] ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE This is to certify that on this 1 day of September, 2009, a true and correct copy of Plaintiff's Initial Disclosures was served via electronic mail upon counsel below: Richard E. Griffin Charles Babcock Crystal Parker JACKSON WALKER, LLP 1401 McKinney Suite 1900 Houston, Texas 77010 Attorneys for Defendant Cisco Systems, Inc.

/s/ Nicholas H. Patton Nicholas H. Patton

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