Albritton v. Cisco Systems, Inc. et al

Filing 263

MOTION for Reconsideration re 254 Order on Motion for Reconsideration by Cisco Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Babcock, Charles)

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EXHIBI T C Albritton, Eric M. 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 ERIC M. ALBRITTON OCTOBER 27TH, 2008 ORAL DEPOSITION OF ERIC ALBRITTON, 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 12:44 p.m. to 4:24 p.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. West Court Reporting Services 800.548 . 3668 Ext.1 Albritton , Eric M. 10/2712008 Page 6 1 2 3 4 5 PROCEEDINGS (Exhibits 21A - 63 marked) THE VIDEOGRAPHER: Here begins the videotape deposition of Eric Albritton in the matter of Eric M.`Albritton vs. Cisco Systems, Inc., Rick Frenkel, et al. Case No. 6:08CV00089. Today's date is October 27th of 2008. The time is approximately 12:44 p.m. Now on the record. ERIC ALBRITTON, having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Q. Would you state your name, sir. Eric Albritton. Mr. Albritton, here is Exhibit 21A. I just 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like to start each deposition with a notice. Obviously you're here, so there's no question about that. What -- how are you employed? A. Q. A. Q. A. Q. correct? I'm a lawyer. And do you practice with a firm? I do. What's the name of the firm? Eric M. Albritton, PC. And PC stands for professional corporation, West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton , Eric M. 10127/2008 Page 132 1 Q. A. Okay. I know I was at the office all weekend working 2 3 4 5 6 on a cert petition and death penalty case while I'm getting ready to pick a jury on the third, so this week I'm real, real busy. Q. Okay. And do you recall how much income you received from your law practice in 2007? A. Q. A. Q. Uh-uh. Excuse me? No, sir. Okay. And how do you file with the Internal Revenue Service? Do you have a Subchapter S Corporation or how do you handle that? A. Q. I think it is an S Corp. Okay. And you would have to refer to your federal income tax return to tell me how much income you made in 2007, right? A. Q. A. Uh-huh. Is that a "yes"> Yes, sir. But, of course, you know, income -- you know, some of the things that I earned in 2007 were 22 23 24 25 from cases that were, you know, signed up in 2005. Q. Sure. Do you know whether your income from your law practice is going to increase in 2008 over 2007? I know we've got two months to go. West Court Reporting Services 800.548.3668 Ext. 1 Albritton, Eric M. 10!27/2008 Page 133 1 2 3 4 5 6 7 8 9 10 11 A. Q. I believe it will. Okay. Even though you can't be specific, can you tell me generally how much you made in 2007 from your law practice? A. Q. No. Can you tell me whether it was 100,000 or a hundred million? A. million. Q. A. Q. Somewhere in between? Yes, sir. Was it in the millions? MR. HOLMES: Let's -- why don't we hold It was neither a 100,000 nor a hundred off on that until we get a response from the Court on your motion. We -- you asked for that information in your motion to compel -MR. BABCOCK: I did. MR. HOLMES: -- and that's part of what 19 20 21 22 23 24 25 I've been objecting to. So I would ask we hold off on that until we get a ruling. MR. BABCOCK: Q. (BY MR. BABCOCK) Okay. I know you're your own man, but you're going to follow what your lawyer says? A. Yeah, and just to be clear, I'm not saying -- I mean, I will have made more money in 2008 than 2007. West Court Reporting Services 800.548 . 3668 Ext. 1 Albritton , Eric M. 10/27/2008 Page 134 1 2 3 4 5 6 And just like I told you in the very beginning, you know, I cannot quantify and I'm not claiming that I've been financially harmed as a result of this. I may have been, but there's no way of knowing that. MR. BABCOCK: Well, subject to reserving the right to ask the witness questions on that topic if the Judge rules in our favor, then I'll pass to Mr. McWilliams. MR. HOLMES: All right. Thank you. EXAMINATION BY MR. McWILLIAMS: Q. Eric, I don't know whether Mr. Babcock asked you about your case load change from 2007 to 2008. What 14 15 16 17 18 19 20 21 22 23 24 25 ---has your case load increased in 2008 over 2007 or can you tell? A. Q. A. I have no idea. What's your sense about that? Well, what case load are you talking about, Mr. McWilliams? Q. is. A. I've got fewer criminal cases probably. You Well, like most lawyers know what case load know, when Hacker was appointed judge, I started ramping down my criminal business. So my criminal business is diminishing. I have probably -- I have filed -- I have West Court Reporting Services 800.548.3668 Ext. 1 Albritton, Eric M. 0/27/2008 Page 1.59 IN THE UNITED STATES DISTRICT COURT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I. 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. REPORTER'S CERTIFICATION DEPOSITION OF ERIC ALBRITTON OCTOBER 27TH, 2008 TAMMY LEA STAGGS, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following: That the witness, ERIC ALBRITTON, 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 West Court Reporting Services 800.548.3668 Ext. 1 Albritton , Eric M. 10!27/2008 Page 160 1 2 3 4 5 me by ; 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 - (2:38) Mr. George L. McWilliams - (0:35) 6 7 8 9 10 11 , it, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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, E'sq. FOR THE DEFENDANT, RICHARD FRENKEL: George L. McWilliams, Esq. Nicole Peavy That $ is the deposition officer's charges to the Defendant, Cisco Systems, for preparing the original deposition transcript and any copies of exhibits; West Court Reporting Services 800.548.3668 Ext. 1 Page 161 1 I 1 further certify that I am neither counsel for, 2 3 4 ated to, nor employed by any of the parties or at^^rneys in the action in which this proceeding was taker 'and further that I am not financially o-- 5 6 7 t erwisIAnterested in the outcome of the action. .1^` moo- ^rtif , to by me this 31st of October, 2008. 8 9 10 f (.11 amm y CsIVZMR 7496 ^ (^-A'(^I^V^ p .iration V aate : C2/31/2009 T D 1 ua .ilas : rtous con : s HGi Njigation Services r m No . uy 1,5 11 12 2501^ ak Lawn Avenue /Suite 6^ M^ as , as 7.5219 13 k Fax 21`^f521.1 8 8 8, , ,`5 5 6. k Q 214.521.1034 14 15 16 17 18 19 20 21 22 23 24 25 Wfc7al -e277 -44df-bd9d-44b2faf2097b

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