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)

Exhibit B

·

Ward, Jr., Thomas John

8/10/2009

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JOHN WARD, JR., V. CISCO SYSTEMS, INC.
*

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* 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

Ward, Jr., Thomas John

8/10/2009

,

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

·
·

Ward, Jr., Thomas John

8/10/2009

·

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?

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800.548.3668 Ext. 1 Page 130

Page 144

1
2 3 4 5 6

STATE OF TEXAS pNTY OF DALLAS ) 1

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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

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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

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stimony given by the witness. 'fy that I am neither counsel
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for nor r

edlany

in this cause and am not outcome. /office on this 17th day

financially ipre j Givenr of August, 2009. Cr5

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.r,10. 4 11 CSR 7499 STACY L. Expiration Datt: 12/31M Firm No. 593

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WEST COURT REPORTING SERVICES 221 Main Street Suite 1250 San Francisco, California 94105 [phone] 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

Exhibit A

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

14

1

Bruce Lagerman

Kevin Meek John Ward, Jr.

4/5/08

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

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

AC WP

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