Ward v. Cisco Systems, Inc. et al
Filing
178
MOTION to Compel
Production of Document on Privilege Log by Cisco Systems, Inc.. (Attachments: #
1 Exhibit A, #
2 Exhibit B)(Babcock, Charles)
Ward v. Cisco Systems, Inc. et al
Doc. 178
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 1 of 12
IN THE UNf FED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WARD, JR. v. CISCO SYSTEMS, INC. C. A. NO. 08-4022 JURY TRIAL DEMANDED
DEFENDANT CISCO SYSTEMS, INC.'S MOTION FOR MAGISTRATE JUDGE SETSER TO COMPEL PRODUCTION OF DOCUMENT ON PRIVILEGE LOG AND BRIEF IN SUPPORT THEREOF TO THE HONORABLE MAGISTRATE JUDGE: Cisco System, Inc. ("Cisco") hereby files its Motion to Compel Production of Document on Privilege Log and Brief in Support as set forth below.
I.
INTRODUCTION
Plaintiff brought this action on March 13, 2008, claiming that Cisco had published defamatory articles about him that have damaged his reputation and caused him mental anguish. On March 30, 2009, Cisco served its First Request for Production on Plaintiff, which was aimed at discovering essential information relating to Plaintiff s claims and so that Cisco could prepare for depositions and further discovery in this case. Ward included a document on his privilege log that could not be privileged because it is a communication with someone who is not his attorney in this case. Cisco filed a motion to compel this document previously, but there was confusion about which document was at issue. Magistrate Judge Setser therefore ordered that Cisco should determine the correct document number from Plaintiff s privilege log and file another motion.
5551194v.I
l of 4
Dockets.Justia.com
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 2 of 12
On December 21, 2009, counsel for Plaintiff identified the document as document No. 6 from Plaintiff s privilege log.
II. ARGUMENT
In response to Cisco's First Request for Production, Plaintiff logged a document in his privilege log (Exhibit A) that could not be privileged. Number 6 states that it is a communication between D. Pridham and John Ward, Jr. and is described as "Work product and litigation strategy regarding Ward v. Cisco." (Exhibit A). Yet Ward testified that David Pridham was not an attorney in this litigation:
Q.
Is Mr. Pridham, who you referenced earlier, an attorney in the Ward versus Cisco case? No.
A.
(Deposition of John Ward, Exhibit B at 130:18-20). The communication could not possibly be privileged or work product when the conversation was not between Plaintiff and his attorneys in this lawsuit. Therefore, Ward should be ordered to produce the document. III.
CONCLUSION
For the reasons set forth above, Cisco requests that the Court overrule Plaintiff s objections and order Plaintiff to produce document no. 6 from Plaintiff s privilege log. In the alternative, Cisco requests that Plaintiff be required to produce the document for in camera inspection to determine whether it is privileged.
5551 194v.1
2 of 4
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 3 of 12
Respectfully submitted,
JACKSON WALKER L.L.P.
Zs/ Charles L. Babcock
Charles L. Babcock Federal Bar No.: 10982 Email: cbabcock(i)jw.com t Richard E. Griffin Arkansas Bar No.: 63020 Email: rgriffin@jw.com Crystal J. Parker Federal Bar No.: 621142 Email: cparker@jw.com 1401 McKinney Suite 1900 Houston, Texas 77010 (713) 752-4200 (713) 752-4221 -- Fax Kurt A. Schwarz Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Telephone: (214) 953-6000 Telecopier: (214) 953-5822 ATTORNEYS FOR CISCO SYSTEMS, INC.
5551194v.1
3 of 4
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 4 of 12
CERTIFICATE OF CONFERENCE The parties have conferred in good faith on the specific issues in dispute in this Motion, and they are not able to resolve their disagreements without the intervention of the Court.
/s/ Crystal J. Parker
CERTIFICATE OF SERVICE This is to certify that on this 30th day of December, foregoing was served via electronic mail upon: Patricia L. Peden Law Offices of Patricia L. Peden 5901 Christie Avenue Suite 201 Emeryville, CA 94608 Attorney for Plaintiff John Ward, Jr.
2009,
a true and correct copy of the
Nicholas H. Patton Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Attorney for John Ward, Jr. /s/ Charles L. Babcock Charles L. Babcock
5551 194v.1
4 of 4
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 5 of 12
Exhibit A
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 6 of 12
JOHN WARD, JR. PRIVILEGE LOG 05/29/2009
No. 1 2 3
Pages 1 1 1
From P. McAndrews Chiaviello, Bob Eric Albritton
To John Ward, Jr. Eric Albritton John Ward, Jr John Ward, Jr. Eric Albritton Paul McAndrews Eric Albritton John Ward, Jr. Jason Saunders Paul McAndrews Eric Albritton John Ward, Jr. Jason Saunders John Ward, Jr.
Other Recipients
Date 3/08/08 3/14/08 10/16/07
4
2
Eric Albritton
Gmcandrews pmcandrews
10/18/07
Description Discussion of filing of ESN lawsuit Re Ward v. Cisco Attorney communications regarding filing of ESN litigation Communications regarding litigation strategy in ESN v. Cisco
Privilege AC WP WP AC WP
AC WP
5
2
Eric Albritton
Gmcandrews pmcandrews
10/18/07
Communications regarding litigation strategy in ESN v. Cisco Work product and litigation strategy regarding Ward v. Cisco Attorney client communications regarding discussions with Cisco Re filing of ESN lawsuit Re filing of ESN lawsuit Re filing of ESN lawsuit Litigation strategy in ESN lawsuit Litigation strategy in ESN lawsuit Comment regarding pending
AC WP
6
1
D. Pridham
11/06/07
AC WP
7
2
P. McAndrews
Eric Albritton
John Ward, Jr.
2/25/08
AC WP
8 9 10 11
1 1 1 1
P. McAndrews Eric Albritton Eric Albritton Eric Albritton
12 13
2 1
John Ward, Jr. Terry Fokas
Eric Albritton John Ward, Jr. John Ward, Jr. John Ward, Jr. Jason Saunders, John Ward, Jr. and Amie Mathis Eric Albritton John Ward, Jr.
3/9/08 10/16/07 10/17/08 10/18/07
AC WP AC WP AC WP AC WP
10/17/07 1/22/08
AC WP AC WP
Case 4:08-cv-04022-JLH Document 178
Kevin Meek John Ward, Jr.
Filed 12/28/09 Page 7 of 12
lawsuit and Troll Tracker post Emails re potential case and comment regarding Troll Tracker post Email re filing of ESN lawsuit Emails re filing of ESN lawsuit Email re filing of ESN lawsuit
14
1
Bruce Lagerman
4/5/08
AC WP
15. 16. 17.
1 9 2
Eric Albritton P. McAndrews Eric Albritton
Jason Saunders Eric Albritton Eric Albritton, T. Wimbiscus, P.W.McAndrews, Eric Albritton, Johnny Ward, Jason Saunders Jason Saunders, Johnny Ward, Amie Mathis T. Wimbiscus, P.W. McAndrews, Eric Albritton, Johnny Ward, Jason Saunders Johnny Ward Johnny Ward, Eric Albritton Johnny Ward Eric Albritton
Johnny Ward, Amie Mathis Amie Mathis GMcAndrews, PMcAndrews
10/18/07 10/18/07 10/18/07
AC WP AC WP AC WP
18.
2
Eric Albritton
10/18/07
Email re filing of ESN lawsuit
AC WP
19.
2
Eric Albritton
GMcAndrews, PMcAndrews
10/18/07
Email communication regarding filing of ESN lawsuit
AC WP
20. 21. 22. 23.
1 1 3 2
Eric Albritton Eric Albritton Eric Albritton Johnny Ward
10/17/07 10/16/07 10/16/07 10/17/07
Email re filing of ESN lawsuit Email re filing of ESN lawsuit Email re filing of ESN lawsuit Email re filing of ESN lawsuit
AC WP AC WP AC WP AC WP
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 8 of 12
Exhibit B
Case 4:08-cv-04022-JLH Document 178
·
Filed 12/28/09 Page 9 of 12
8/10/2009
Ward, Jr., Thomas John
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WARD, JR., V. CISCO SYSTEMS, INC.
*
Rpl
):4b CO
* C.A. NO. 08-4022 * JURY TRIAL DEMANDED
ORAL AND VIDEOTAPED DEPOSITION OF THOMAS JOHN WARD, JR. AUGUST 10, 2009
·
ORAL AND VIDEOTAPED DEPOSITION of THOMAS JOHN WARD, JR., produced as a witness at the instance of the Defendant, and duly sworn, was taken in the above-styled and -numbered cause on the 10th day of August, 2009, from 9:44 a.m. to 1:21 p.m., before Stacy L. Jordan, CSR in and for the State of Texas, reported by machine shorthand, taken in the law offices of John Ward, Jr., 111 West Tyler Street, City of Longview, County of
110
Gregg, State of Texas, pursuant to the Federal Rules of Civil Procedure.
West Court Reporting Services
1
800.548.3668 Ext. 1
Page 1
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 10 of 12
8/10/2009
Ward, Jr., Thomas John
,
having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Q. Will you state your name, sir. Thomas John Ward, Jr. Mr. Ward, right in front of you is is the
2 3 4 5 6 7 8 9
deposition notice for your wife, which I forgot to introduce. A. Q. A. Q. Okay. But here's Exhibit 2. Okay. The only reason I do this is so I can keep That's your notice.
·
·
10 11 12 13 14 15 16 17 18 19 20 21 22 23
track of depositions by numbers. Would you tell us how you're employed? A. I'm an attorney working for Ward & Smith law
firm, which is an assumed name. Q. A. Okay. T. John Ward, Jr., P.C. is the business entity
that I'm employed by. Q. And T. John Ward, P.C. is the owner of the
Ward & Smith law business; is that right? A. Q. Jr. Yes.
T. Ward [sic], Jr., P.C. I take it there is a Smith?
·
1
24 25 A.
There is.
West Court Reporting Services
800.548.3668 Ext 1 Page 6
·
·
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 11 of 12
8/10/2009
Ward, Jr., Thomas John
·
1 2 3
Q.
Fulbright A. Q.
Is -- Mr. Chiaviello is the lawyer at
Chiaviello (pronunciation). Chiaviello. Sorry. He is the lawyer at
· · ·
4 5 6 7 8 9 10 11 12
Fulbright, correct? A. Q. Correct. And he's the one that told you about a
conversation he'd had with somebody else about you? A. Correct. Okay. Yes. Are -- is he a -- an attorney on the Ward Are you working with him on any case?
Q.
A. Q.
·
13 14 15 16 17 18 19 20 21 22 23
versus Cisco case? A. Q. A. No. Okay. Okay.
But I'm in -- I'm in a number of cases with
Mr. Chiaviello and his firm.
Q.
A.
Is Mr. Pridham, who you referenced earlier, an
attorney in the Ward versus Cisco case? No. Is he a client? He's an attorney for a client -- former client
Q.
A.
who I'm no longer working for.
·
24 25
Q.
Okay.
Do you recall talking to him about
litigation strategy regarding Ward versus Cisco?
West Court Reporting Services
800.548.3668 Ext. 1 Page 130
Case 4:08-cv-04022-JLH Document 178
Filed 12/28/09 Page 12 of 12
Page 144
1
2 3 4 5 6
STATE OF TEXAS pNTY OF DALLAS ) 1
(02,,
This is to certify that I, Stacy L. Jordan, fied9dythand Reporter in and for the State of
was101?,rti that the foregoing deposition of THOMAS ; Jt WA °reported stenographically by me at
,
/,>JR
8 9 10 11 12 13 14 15 16 17 18 19 20 21
1
e aR/fol c dicated, said witness having been .1 by me, and that the deposition is a 13(9d /.4r
the
kt
0
truVpcor
1.#^
41`.
f`er
stimony given by the witness. 'fy that I am neither counsel
A)Xpy /4
for nor r
edlany
in this cause and am not outcome. /office on this 17th day
financially ipre j Givenr of August, 2009. Cr5
in
e(
.r,10. 4 11 CSR 7499 STACY L. Expiration Datt: 12/31M Firm No. 593
0
14,,
dAiek)
WEST COURT REPORTING SERVICES 221 Main Street Suite 1250 San Francisco, California 94105 (800) 548-3668 Taxable cost of original charged to Defendant:
22 23 24 25
$
Atty: Mr. Charles L. Babcock and Ms. Crystal J. Parker, Jackson Walker, L.L.P.
11c2d571-4af8-4945-8ce3-67feef482e63
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?