Albritton v. Cisco Systems, Inc. et al

Filing 264

RESPONSE to Motion re 262 MOTION for Reconsideration re 259 Order on Motion in Limine MOTION for Reconsideration re 259 Order on Motion in Limine filed by Cisco Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Babcock, Charles)

EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT EASTE`kV DISTRICT OF TEXAS TYLER DIVISION ERIC ALBRITTON Plaintiff,
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No. 6:08-CV-89

CISCO SYSTEMS, INC. and RICHARD FRENKEL Defendants.

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PLAINTIFF'S NOTICE OF INITIAL DISCLOSURE TO THE HONORABLE UNITED STATES DISTRICT JUDGE: COMES NOW, ERIC ALBRITTON, Plaintiff in the above captioned and numbered cause, and would respectfully show unto the Court that he has made his Initial Disclosures in compliance with Rule 26 of the Federal Rules of Civil Procedure on this, the 2"d day of June 2008. Respectfully submitted,

/s/ James A. Holmes (Attorney in Charge) Texas Bar No. 00784290

THE LA W OFFICE OF JAMES HOLMES, P. C. 635 SOUTH MAIN, SUITE 203 HENDERSON, TX 75654 [phone] [phone] (fax) jhQjamesholmeslaw.com

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been forwarded to Charles Babcock, 1401 McKinney, Suite 1900, Houston, Texas 77010, attorney for Cisco Systems, Inc. and Mr. George McWilliams, attorney for Richard Frenkel, P.O. Box 58, Texarkana, Texas 75504-0058, via United States mail on this, the 2nd day of June 2008.

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IN THE UNITED STATES DISTRICT COURT EASTERNDISTRICT OF TEXAS TYLER DIVISION ERIC ALBRITTON, Plaintiff,
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No. 6:08-CV-89

CISCO SYSTEMS, INC. and RICHARD FRENKEL,
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PLAINTIFF'S INITLAL DISCLOSURES TO: Cisco Systems, Inc., by and through their attorney of record, Mr. Charles Babcock, 1401 McKinney, Suite 1900, Houston, Texas 77010 and Richard Frenkel, by and through his attorney of record, Mr. George McWilliams, P.Q. Box 58, Texarkana, Texas 75504-0058.
COMES NOW, ERIC ALBRITTON, Plaintiff in the above captioned and numbered cause, and discloses the following information pursuant to Rule 26(a)(1), Fed. R. Civ. P., and the Order of the Court:

L PERSONS LIKEL Y TO IM VE DISCOVERABLE INFORMA TION REL.E'VANT TO THE CLAIMS AND DEFENSE'S OF ANY PAR T Y

I.

The plaintiff, Mr. Eric Albritton, who may be contacted through his attorney, Mr. James Holmes of Henderson, Texas. The various corporate representative(s) of the Defendant Cisco Systems, Inc. whose identities and areas of knowledge and expertise are currently unknown to Plaintiff and who may be contacted through their attorney, Mr. Charles Babcock of Houston, Texas.

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The Co-Defendant, Mr. Richard Frenkel who may be contacted through his attorney, Mr. George McWilliams of Texarkana, Texas.

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The Plaintiff's professional colleague, Mr. T. John Ward, Jr., who has knowledge of the facts surrounding the filing of the ESN litigation, the falsity of Defendants' allegations, the Plaintiffs professional reputation and Plaintiff's damages. Mr. Ward may be contacted through his counsel, Mr. Nick Patton of Texarkana, Texas. Mr. David J. Maland, Clerk of the United States District Court for the Eastern District of Texas, 106 William Steger Federal Building , 211 W . Ferguson Street, Tyler, Texas 75702, who has knowledge of the facts surrounding the filing of the ESN litigation, the electronic filing system for the Eastern District of Texas, the reputation of the Court and Plaintiff's abilities and reputation. David Provines, Deputy Clerk of the United States District Court for the Eastern District of Texas, 106 William Steger Federal Building, 211 W. Ferguson Street, Tyler, Texas 75702, who has knowledge of the facts surrounding the filing of the ESN litigation, the electronic filing system for the Eastern District of Texas, the reputation of the Court and Plaintiff' s abilities and reputation.

5.

7.

Peggy Thompson, Deputy Clerk of the United States District Court for the Eastern District of Texas, 106 William Steger Federal Building, 211 W. Ferguson Street, Tyler, Texas 75702, who has knowledge of the facts surrounding the filing of the ESN litigation, the electronic filing system for the Eastern District of Texas, the reputation of the Court and Plaintiff's abilities and reputation. Shelly Moore, Deputy Clerk of the United States District Court for the Eastern District of Texas, 500 State Line Ave., Texarkana, Texas 75501, who has knowledge of the facts surrounding the filing of the ESN litigation, the electronic filing system for the Eastern District of Texas, the reputation of the Court and Plaintiff' s abilities and reputation.

8.

9.

Ms. Amie Mathis, legal assistant to Eric Albritton, who has knowledge of the filing of the ESN litigation, the Plaintiffs reputation and the Plaintiff's damages. Ms. Mathis may be contacted through Mr. Albritton's attorney, Mr. James Holmes of Henderson, Texas.
Mr. Peter McAndrews of McAndrews, Held & Malloy of 500 West Madison Street, 30 Floor, Chicago, Illinois 60661. Mr. McAndrews is co-counsel with the Plaintiff in the ESN litigation and has knowledge of the filing of the ESN case as well as the Plaintiffs reputation and abilities.

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II. DOCUMENTS AND THINGS IN THE POSSESSION OF PLAINTIFF THAT ARE RELEVANT TO THE CLAI1Y.lSAND DEFENSES OFANYPARTY
I. With the Court's permission, the parties have agreed to make discoverable documents available at the offices of their Counsel.

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COMPUTATION OFANY CATEGOR Y OF DAMA GES l. Plaintiff does not seek any economic damages. Plaintiff seeks only an appropriate award of damages for his mental anguish and punitive damages sufficient to deter Defendants from future misconduct. The amounts of these awards are soundly in the discretion of the jury. IV. INSURANCE AGREEMENTS
I. None.

Plaintiff makes these disclosures based upon information currently known to him and expressly reserves the right to amend or supplement these disclosures as discovery progresses and the facts of the case become more clearly known to him.

Respectfully submitted,

olmes (Attorney in Charge) o.00784290 THE LA W OFFICE OF JAMES I10ItI ES, P. C. 635 SOUTH MAIN, SUITE 203 HENDERSON, TX 75654 [phone] [phone] (fax) ih(1,iamesholmeslaw.corn ATTORNEYS FOR THE PLAINTIFF

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CERTIF`I'CATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been forwarded to Charles Babcock, 1401 McKinney, Suite 1900, Houston, Texas 77010, attorney for Cisco Systems, Inc. and Mr. George McWilliams, attorney for Richard Frenkel, P.O. Box 58, Texarkana, Texas 75504-0058, via United States mail on this, the 2nd day of June 2008.

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