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 " G "

Mathis, Arnie

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 AMIE MATHIS

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OCTOBER 27TH, 2008

ORAL DEPOSITION OF AMIE MATHIS, 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 9:24 a.m. to 11:38 a.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.

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Page 2 1 APPEARANCES

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FOR THE PLAINTIFF: James A. Holmes, Esq. LAW OFFICE OF JAMES A. HOLMES 605 South Main

Suite 203 Henderson, Texas 75654 Phone: [phone] Fax: [phone]
E-Mail: [e-mail] FOR THE DEFENDANT, CISCO SYSTEMS, INC.: Charles L. Babcock, Esq. JACKSON WALKER, LLP

1401 McKinney, Suite 1900 Houston, Texas 77010 Phone: [phone] Fax: [phone] E-mail: [e-mail]

FOR THE DEFENDANT, RICHARD FRENKEL:

Nicole Peavy, Esq. George L. McWilliams, Esq.

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LAW OFFICES OF GEORGE L. McWILLIAMS 406 Walnut PO Box 58

Texarkana, Texas 75504 Phone: [phone]

FOR THE WITNESS: Greg Love, Esq. LAW OFFICES OF GREG LOVE 109 W Tyler St

Longview, Texas 75601 Phone: [phone]

ALSO PRESENT:

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Doug Rankin - Videographer Eric Albritton

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INDEX Appearances ..................................... Exhibit List .................................... Stipulations .................................... AMIE MATHIS: EXAMINATION BY MR. BABCOCK ................. EXAMINATION BY MR. MCWILIAMS ............... EXAMINATION BY MR. LOVE .................... 6 84 101 PAGE 2 4 -_

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Signature and Changes ...........................

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Reporter's Certificate ..........................

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CERTIFIED QUESTIONS (None) REQUESTED DOCUMENTS/INFORMATION (None)

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EXHIBITS NO. DESCRIPTION PAGE 13 13

Exhibit 1 Exhibit 2

Notice of deposition ..................... Electronic Case Files, CM/ECF, material..

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Exhibit 3

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Exhibit 6

.

The Attorney ' s How-To Guide , Opening , dated January 11th ,

Civil Case 2008 ........

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Document titled What' s New in Electronic Filing, New Features for Attorneys, CM/ECF Version 3.2.1, dated May of 2008..
E-mail to Ms. Mathis from Eric Albritton dated Friday October 12th, 2007, 5:32

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p.m ......................................
E-mail to Ms. Mathis from Rhonda Lafitte dated October 15th at 4:22 ............... E-mail Ms. Mathis sent to P. McAndrews

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Exhibit 7

dated October 15th, 2007 at 4:54 p.m..... Exhibit 8 E-mail from Ms. Mathis to [e-mail] dated Monday October 15th, 2007 at 3:39 p.m........... Skipped .................................. E-mail to Ms. Mathis received at midnight on October 16th, 2007, Pay.Gov Payment Confirmation .............................
Memo from David Maland to Anne McMillan and Brenda Jeffreys and Thad Heartfield,

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14 15 16 17 18
Exhibit 12

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Exhibit 9
Exhibit 10

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19 20
21
Exhibit 14 Exhibit 13

it's dated March 14th, 2008 ..............
E-mail to Mr. McAndrews from Ms. Mathis

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on October 16th at 12:05 a.m ............. Three E-mails between Ms. Mathis and Mr. Albritton on March 14th of 2008...... Skipped ..................................
E-mail from Mr. McAndrews to Eric Albritton with a copy to Ms. Mathis dated October 17th, 2007 at 6 :18 p.m... ........

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Exhibit 15

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Exhibit 16

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Exhibit 17

E-mail from Ms. Mathis to Eric responding to an E-mail from Eric to Ms. Mathis on January 30, 2008 .........................

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Exhibit 18

Series of E-mails from Ms. Mathis to Shelley Moore ............................ Civil cover sheet on the ESN vs. Cisco case ..................................... Skipped .................................. Series of documents, which include the civil cover sheet and the complaint for patent infringement ...................... Skipped .................................. Skipped .................................. Same documents as Exhibit 21, but now bearing the filing date of October 16th..
E-mail from Paul McAndrews to Ms. Mathis and Eric Albritton and some other people, subject: 519 Patent attached, dated October 16th, 2007 at 7:38 a.m...........

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Exhibit 19

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Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 20 Exhibit 21

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3 ---

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Exhibit 25

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Exhibit 26 Exhibit 27 Exhibit 28 Exhibit 29

7 ----

Skipped .................................. Skipped ..................................
Skipped .................................. E-mail from Ms. Mathis to Eric reporting on a conversation with Peter McAndrews on the ESN case .............................

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PROCEEDINGS (Exhibits 1-21 marked.) THE VIDEOGRAPHER: Here begins the

videotape deposition of Amie Mathis in the matter of Eric M. Albritton vs. Casco Systems, Inc., Rick Erenkel, et al. Case No. 6:08CV0089. Today's date is October 27th, 2008. The time is now approximately 9:24 a.m.

We're now on the record. AMIE MATHIS, Having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. Would you state your name , It's Amie Mathis. And do you work, Ms. Mathis? Yes, I do. please.

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A. Q. A.

Q.
A.

And for whom do you work?
Currently, I work for Tenaha ISD.

Q. A. class. Q. A.
.Q. A.

And what is it that you do for Tenaha ISD? I'm a full -- a long-term sub in a first grade

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When did you go to work for the Tenaha ISD? September 10th.
Of 2008? Yes, sir.

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A. Q. A.

Yes, sir. Which would have been October 15th? Right.

Q.

Okay.

Now, at some point there was a concern

about the dates on the -- on the documents as to whether the case was really filed on the 15th or the 16th. Did you hear anything about that concern?
A. Yes.

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Q.
A.

And from whom did you hear it?
The first time I heard it would be from

Mr. McAndrews.

Q.

All right.

And he's --- as I recall, he's in

Chicago, is he not? A. he's from.
Q. A.

I wouldn't be able to tell you for sure where I don't remember.
He's not a Texan; is that true? No.

Q.

So when you heard about it from Mr. McAndrews,

was it on the telephone?
A. Q. A. Yes. Okay. Yes. And did he call you?

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Q. A.

And what did he tell you was his concern? He said that when he pulled the docket and saw

the actual complaint, that the ESC file stamp was

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Q.

Okay. Yes.

Eric Albritton, correct?

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A.

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Q.

All right.

And there's a date typed in right

next to that signature, which is 10/15/2007. Did you type that date in? A. Q. I did. Did Mr. Albritton sign this document on

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October 15th, 2007? A. Q. He did. All right. And this is one of the documents

that you filed on October 15th, 2007, correct? A. Q. I filed it on October 16th, 2007. You didn't file the cover sheet on the 15th? I would have gave -- this would have been

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A.

attached as part of my regular document, and that's where the file stamp was showing 10/15 and not 10/16, but this would have been sent to the clerk on 10/15. The civil co- -- the civil sheet had to be attached as an exhibit -- has to be attached as an exhibit to a complaint, and that's where you get this file -- the ECF file stamp number from. Q. I thought that we had established earlier

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that -- that you had sent -A. I did send it on 10/15 because you have to

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send this to the clerk with your list of parties to have

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CHANGES AND SIGNATURE

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PAGE

LINE

CHANGE

REASON

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I, AMIE MATHIS, have read the foregoing

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deposition and hereby affix my signature that same is true and correct, except as noted above.

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4

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THE STATE OF COUNTY OF

AMIE MATHIS

Before me,

,

on

this day personally appeared AMIE MATHIS, known to me (or proved to me under oath or through

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)

(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 ,

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NOTARY PUBLIC IN AND FOR THE STATE OF COMMISSION EXPIRES:

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON, *

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Vs.

Plaintiff, * C.A. *
CISCO SYSTEMS, INC., RICK FRENKEL, MALLUN YEN & JOHN NOH, * * * *

NO. 6:08-CV-00089

Defendants.

*

E

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I,

REPORTER'S CERTIFICATION DEPOSITION OF AMIE MATHIS OCTOBER 27TH, 2008

TAMMY LEA STAGGS, Certified Shorthand Reporter in

and for the State of Texas, hereby certify to the following: That the witness, AMIE MATHIS, 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; That the deposition transcript was submitted on to the witness or to the attorney for the witness for examination, signature and return to me by ;

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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 - (1:49) Mr. George L. McWilliams - (0:06) Mr. Greg Love - (0:03)

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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, Esq. FOR THE DEFENDANT, RICHARD FRENKEL: George L. McWilliams, Esq. Nicole Peavy FOR THE WITNESS: Greg Love, Esq.

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That $ is the deposition officer's charges

to the Defendant, Cisco Systems, for preparing the original deposition transcript and any copies of exhibits;

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I further certify that I am neither counsel for, related to, nor employed by any of the parties or att.arneys in the action in which this proceeding was t

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taken, dnd further that I am not financially or otf erwi.s^^ nterested in the outcome of the action. * ICertlfx' cdj to by me this 31st of October, 2008.

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