Albritton v. Cisco Systems, Inc. et al

Filing 208

MOTION Entry of Non Waiver Order by Cisco Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Non Waiver Order)(Babcock, Charles)

Albritton v. Cisco Systems, Inc. et al

Doc. 208

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

No. 6:08cv00089 JURY

CISCO SYSTEMS, INC. RICHARD FRENKEL, MAULLUN YEN and JOHN NOH, Defendant CISCO'S MOTION FOR ENTRY OF NON-WAIVER ORDER TO THE HONORABLE DISTRICT JUDGE: Defendant Cisco Systems, Inc. ("Cisco") hereby moves for entry of a non-waiver order pursuant to Rule 502 of the Federal Rules of Evidence. The parties to this litigation have agreed that the production of any documents protected by the attomey-client privilege and work product doctrines under the protective order in this case does not waive the privilege with respect to that or any other documents. (See Exhibit A). A Protective Order has already been entered in this case to deal with privileged and work-product materials. Cisco seeks an order from the Court that use of privileged and work-product documents in this case does not waive the privilege with respect to any non-parties. The parties to this litigation have already agreed that the production of documents does not waive privilege. (Exhibit A). Therefore, this Order would make that agreement binding on non-parties pursuant to Rule 502 of the Federal Rules of Civil Procedure.

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Dockets.Justia.com

Pursuant to Rule 502, a Federal court may order that privilege or work-product protection is not waived by disclosure in connection with the litigation before the court and that the disclosure is not a waiver in any other Federal or State proceeding. Accordingly, Cisco seeks an order that the use of its privileged and work-product material in this case is not a waiver in this or any other Federal or State proceeding.

Respectfully submitted,
JACKSON WALKER

L.L.P.

By: tvi Charles L. Babcock Charles L. Babcock Federal Bar No.: 10982 Email: cbabcockgjw.com Crystal J. Parker Federal Bar No.: 621142 Email: cparkerAw.com 1401 McKinney Suite 1900 Houston, Texas 77010 [phone] [phone] -- Fax ATTORNEYS FOR DEFENDANT CISCO SYSTEMS, INC.

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CERTIFICATE OF CONFERNCE Defendants attempted to reach an agreement regarding this Motion by discussion of the Motion in a telephone conference and a follow-up email on February 26, 2009, but have been advised by counsel for the Plaintiff that the Motion is opposed.
/s/ Charles L. Babcock

Charles L. Babcock

CERTIFICATE OF SERVICE This is to certify that on this 26 th day of February, 2009, a true and correct copy of the foregoing was served via electronic mail upon: George L. McWilliams 406 Walnut P.O. Box 58 Texarkana, Texas 75504-0058 Attorney for Defendant Richard Frenkel Patricia L. Peden Law Offices of Patricia L. Peden 5901 Christie Avenue Suite 201 Emeryville, CA 94608 Attorney for Plaintiff Eric Albritton James A. Holmes 605 South Main Street, Suite 203 Henderson, Texas 75654 Attorney for Plaintiff Eric Albritton

Nicholas H. Patton Patton, Tidwell & Schroeder, LIT 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Attorney for Plaintiff Eric Albritton

/s/ Charles L. Babcock

Charles L. Babcock

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