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 C

Smith, Michael Charles

11/2412008

Page 1

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

PLAINTIFF, vs. ) } CIVIL ACTION

NO.: C.A. NO. CISCO SYSTEMS, INC., RICK ) 6:08-CV-00089 } FRENKEL, MALLUN YEN & JOHN NOH, ) } DEFENDANTS.

ORAL AND VIDEOTAPED DEPOSITION OF MICHAEL SMITH November 24th, 2008

ORAL AND VIDEOTAPED DEPOSITION OF MICHAEL SMITH, produced as a witness at the instance of the DEFENDANT, and duly sworn, was taken in the above-styled and -numbered cause on the 24th day of November, 2008, from 1:15 p.m. to 4:08 p.m., before Regenia Plant, CSR in and for the State of Texas, reported by machine shorthand, at the law offices of Siebman, Reynolds, Burg, Phillips & Smith, LLP, 713 South Washington Avenue, Marshall, Texas, pursuant to the Federal Rules of Civil Procedure.

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Smith, Michael Charles

11/2412008

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reporter please swear in the witness. MICHAEL SMITH, after having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Q. Would you state your name, sir. Michael Charles Smith. Mr. Smith, let me hand you Exhibit 135, which

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is the notice of deposition today, which came with a subpoena; is that correct? A. Q. Yes. And after a couple of false starts, we have

agreed that today will be the day we'll take your deposition, correct? A. Q. Correct. And your counsel has -- Mr. Siebman has

provided me some documents. I have marked them as -as a bulk exhibit as 159 and I want to tender- them to you and make sure that you agree that Exhibit 159 consists of all the documents that you have produced pursuant to the subpoena. A. Q. That's correct, it does. A11 right. Thanks. If you'll- hand them back

to me, I'll probab_ty talk about specific documents i_n

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Smith, Michael Charles

11/24/2008

Page 12

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you've known him, five or ten years, period? A. I -- I would really be guessing because I

don't really know which of the cases I've been in, he was actually involved in. Q. Okay. Fair enough. During the time that you

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have known him, have you determined whether he has a reputation, be it good, bad, indifferent? A. Q. Yes. All right. And do you -- are you aware that

you've been designated by Mr. Albritton as a witness on his reputation? A. Q. No, I wasn't aware of that. Okay. Well, Mr. Holmes can correct me if I'm

wrong, but I think Mr. Albritton has done that. So my question to you is, what is his reputation. A. I'm not aware of anything negative about his

reputation in the -- in the legal community. Q. Okay. Do you -- do you know whether he has

-- I appreciate your saying you're not aware of anything negative. Are you -- do you think that he

has a good reputation? A. Generally, yes. I'm not aware of anything

that would cause me to say that he doesn't. Q. Okay. Has his reputation changed in the past

five or ten years, how ever long you've known him?

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Smith, Michael Charles

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A. Q. A. Q.

No. Okay. Has he ever referred you a case?

Not that I know of. Okay. Have you ever referred him a case that

you know of? A. I may have referred a -- I don't think so. I

might have sent a -- a call on a criminal case to him one time or -- or maybe -- there was one time in a civil case where someone was asking me to be local counsel and I think it was a civil rights case or something like that and he was one of the people that I -- that I referred them to. Q. All right. Is there any reason why you

wouldn't-refer an appropriate case to him? A. Q. No. Okay. You are aware to some degree, I take

it, that Mr. Albritton has sued Cisco and a fellow by the name of Rick Frenkel for defamation. A. Q. Yes. All right. Have you talked to Mr. Albritton

about this case? A. Q. A. Q. Not about this case, no. Okay. Let -- let me qualify that. Sure.

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Smith , Michael Charles

1112412008

Page 135

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

)
PLAINTIFF, vs. } } ) } CIVIL ACTION

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DEFENDANTS.

NO.: C.A. NO. CISCO SYSTEMS, INC., RICK ) 6:08-CV-00089 FRENKEL, MALLUN YEN & ) ) JOHN NOH,

)

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I. REGENIA PLANT, Certified Shorthand Reporter in REPORTER'S CERTIFICATION DEPOSITION OF MICHAEL SMITH NOVEMBER 24, 2008

and for the State of Texas, hereby certify to the following: That the witness, MICHAEL SMITH, 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

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( t o me by

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Smith, Michael Charles

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Page 136

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That the mount of time used by each party at the deposition is as follows: MR. BABCOCK..... 01 HOUR(S):53 MINUTE(S) MR. McWILLIAMS....... 00 HOUR(S):29 MINUTE(S) MR. HOLMES........ 00 HOUR(S):29 MINUTE(S) MR. SIEBMAN........ 00 HOUR(S):00 MINUTE(S) 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:

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Mr. James A. Holmes THE LAW OFFICE OF JAMES A. HOLMES 605 South Main, Suite 203 Henderson, Texas 75654 [phone] [phone](fax)
FOR THE DEFENDANT CISCO SYSTEMS, INC.:

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FOR THE DEFENDANT RICHARD FRENKEL: Mr. Charles L. Babcock JACKSON WALKER, L. L. P. 1401 McKinney Suite 1900 Houston, Texas 77010 [phone] [phone] (fax)

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Mr. George L. McWilliams

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LAW OFFICE OF GEORGE L. McWILLIAMS, P.C. 406 Walnut P.O. BOX 58 Texarkana, AR-TX 75504-0058 [phone] [phone] (fax)

West Court Reporting Services

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Michael Smith November 24, 2008

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FOR MR. MICHAEL SMITH: Mr. Clyde H. Siebman SIEBMAN, REYNOLDS, BURG, PHILLIPS & SMITH Federal Courthouse Square 300 N. Travis Street Sherman, Texas 75090 [phone]

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[phone] (fax) That $ is the deposition officer's

charges to the Defendant Cisco Systems, Inc., for preparing the original deposition transcript and any copies of exhibits; I further certify that I am neither counsel for,

related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or

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otherwise interested in the outcome of the action. Certified to by me this 25th day of November, 2008.

,

4Ce ,., r.) ,,

Regenia Plant, Texas CSR 7819 Expiration Date: 12/31/08 West Court Reporting Services 221 Main Street, Suite 1250 San Francisco, CA 94105

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DeRieux, Elizabeth

11/512008

Page I

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, Defendants. * *

C.A. NO. 6:08-CV-00089

ORAL DEPOSITION OF ELIZABETH DeRIEUX NOVEMBER 5TH, 2008 *******************************************************

ORAL DEPOSITION OF ELIZABETH DeRIEUX, produced as a witness at the instance of the DEFENDANT, CISCO, and duly sworn, was taken in the above-styled and numbered cause on the 5th of November, 2008, from 11:42 a.m. to 11:54 a.m., before Tammy Staggs, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of Capshaw & DeRieux, 1127 Judson Road, Suite 220, Longview, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto.

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DeRieux, Elizabeth

1115/2008

Page 5

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BY MR. BABCOCK: Q. A. Q. A. Q. A. Q.

MR. CAPSHAW: Elizabeth DeRieux.

Calvin Capshaw representing

THE VIDEOGRAPHER:

Will the court

reporter please swear in the witness. ELIZABETH DeRIEUX, having been first duly sworn, testified as follows: EXAMINATION

Would you state your name, please. Elizabeth DeRieux. And how are you employed, Ms. DeRieux? I'm am attorney with Capshaw & DeRieux. And that is a law partnership, I take it? It is. And is this handsome gentleman to your right

your partner, Mr. Capshaw? A. Q. A. It is. Could you tell me your educational background? I have a JD from the University of Houston

College of Law, 1984, and an undergraduate degree from Lamar University in English 1980. Q. Albritton? A. Q. I do. And when did you first meet Mr. Albritton? Do you know the plaintiff in this case Eric M.

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DeRieux, Elizabeth

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Mr. Albritton in a business professional sense? A. Q. Not that I can think of. Okay. Do you have a personal relationship

with Mr. Albritton? Are you social friends, that type of thing? A. I consider him my friend. We -- our families He's never been to my home. I've

don't socialize.

never been to his home. But, yes, I consider him my friend. Q. Okay. You I'm sure are aware since you're

sitting here that Mr. Albritton has designated you as a witness or disclosed you as a witness in this case. And his disclosure says that you have knowledge of the professional reputation and integrity of the plaintiff Mr. Albritton. A. Q. I do. All right. Would you tell me what knowledge Do you have such knowledge?

you have on that subject? A. Because I have worked for him and against him,

I would say that he has a good reputation, at least in my firm and in -- among the lawyers that I know and work with here in Longview. He's very, very bright, good lawyer, ethical, hard working. And I'm trying not to

circle back around and say very, very bright because that's what I keep thinking. I think that that's the

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DeRieux, Elizabeth

11/5/2008

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quality that I think of first when I think of Eric. Q. Okay. Would you refer a case to him -- would

you refer a client to him? A. Q. A. have. Q. Okay. Has his reputation in your mind changed I would. Okay. Have you ever?

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I can't think of one right off, but I might

from the time that you first got to know him professionally to today, which is September 5th, 2008 [sic] ? A. Q. A. lawyer. Yes. Okay. And how has it changed?

When I first got to know him, he was a baby Perhaps not even -- I don't believe he was even

licensed at the time I first met him. And so I thought at the time that he was very, very bright, and I didn't know a lot about his personal integrity or his practice. And I think since that time, I have gotten to know him better. And he began his own practice, so his own

practice grew and with that his reputation grew. Q. Okay. And when you say "his reputation grew,"

did his -- did his reputation increase or was it better over time or worse over time or somewhere in the middle? When you say "his reputation grew,," what do you mean by

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DeRieux, Elizabeth

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that? A. Q. A. Q. A. Q. His reputation is better. Better today than it was -Than it was when I met him. Okay. Yes, I believe that's right. Okay. MR. BABCOCK: you. That's all I have. Thank

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ldwl^l

And thanks for accommodating our schedule here, we Mr. McWilliams may have some questions

appreciate it. now.

EXAMINATION BY MR. McWILLIAMS: Q. Just a couple, Ms. DeRieux. Have you been

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asked to come here today or serve as a witness in this case to render any opinions other than the reputational opinions that you have about Mr. Albritton? MR. PATTON: A.
Q.

Objection, form.

No.
(BY MR. McWILLIAMS) Let me ask you about the

Inns of Court that you mentioned. What is the membership of the Inns of Court organization that you

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belong to?

A. people?

I'm not sure what you're asking me. How many

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DeRieux, Elizabeth

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IN THE UNITED STATES DISTRICT COURT

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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 ELIZABETH DeRIEUX NOVEMBER 5TH, 2008

TAMMY LEA STAGGS, Certified Shorthand Reporter in

and for the State of Texas, hereby certify to the following: That the witness, ELIZABETH DeRIEUX, 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

1 me by

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DeRieux, Elizabeth

11/5!2008

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That the amount of time used by each party at the deposition is as follows: Mr. Nick Patton - (0:02) Mr. Charles L. Babcock - (0:08) Mr. George L. McWilliams - (0:02) Mr. Sidney Calvin Capshaw - (0:00)

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: Nick Patton, Esq. FOR THE DEFENDANT, CISCO SYSTEMS, INC.: Charles L. Babcock, Esq. Crystal Parker FOR THE DEFENDANT, RICHARD FRENKEL: George L. McWilliams, Esq. FOR THE WITNESS: Sidney Calvin Capshaw, Esq.

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,

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dated to,

nor employed by any of the parties or

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at.deys in the action in which this proceeding was taker, d further that I am not financially or

rwisEterested in the outcome of the action.

me this 7th of November, 2008.

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Tammy Lea a ggs, C R 7496 J pirat .ion Date : 12/31/2009 fm No . Dallas: 69 Houston: HG.itigation Services 2501 ak Lawn Avenue i to 6

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Ins, 75219 as 21Ir 521 . 1 Fax 214 . 521 . 1034 ^. 888X656. 6 o e

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Carroll, Otis

111512008

Page 1

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

v s.
CISCO SYSTEMS, INC., RICK FRENKEL, MALLUN YEN & JOHN NOH,

* C.A. NO.
*

6:08-CV-00089

* Defendants.

******************************************************** ORAL DEPOSITION OF OTIS CARROLL NOVEMBER 5TH, 2008

ORAL DEPOSITION OF OTIS CARROLL, produced as a witness at the instance of the CLAIMANT, and duly sworn, was taken in the above-styled and numbered cause on the 5th of November, 2008, from 9:25 a.m. to 9:36 a.m., before Tammy Staggs, CSR in and for the State of Texas, reported by machine shorthand, at the Law Offices of Ireland, Carroll and Kelley, 6101 Broadway, Suite 500, Tyler, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto.

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Carroll, Otis

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representing Rick Frenkel. THE VIDEOGRAPHER: reporter please swear the witness. OTIS CARROLL, having been first duly sworn, testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Q. A. Q. firm? A. I do. A firm called Ireland, Carroll, and Would you state your name, sir. Otis Carroll. Mr. Carroll, how are you employed? I'm a lawyer. And are you -- do you practice with a law Will the court

Kelley in Tyler, Texas. Q. That was my next question. Mr. Carroll, you have been designated or disclosed as a witness in the case that you're giving your deposition in today by the plaintiff Eric Albritton. And it says, in its entirety, (as read):

Mr. Carroll has knowledge of the professional reputation and integrity of the plaintiff. Do you know anything about that? A. Q. I do. And what do you know?

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Carron,

Otis

111512008

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2

A.

I have my opinion about Eric Albritton's

professional reputation and integrity, and I understood that's what he was disclosing me to talk to. Q. That's what -- that's what it looks like.

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What is your opinion of Mr. Albritton's professional reputation and -- and integrity? A. I think it's impeccable. I think he's got a

reputation as being a fine -- to me and probably to Nick Patton, he's still a young trial lawyer, but... Q. A. You can throw me in on that one too. And to you Chip, I forgot. But he's a fine And in my -- my mind he's got a great And that's -- kind of sums it up. And -- and have you changed your

young lawyer. reputation. Q.

All right.

opinion as to his reputation at any time between when you first knew him as a lawyer and today, which is November 5th, 2008, the day after the great election? A. improved. morning. Well, I think, you know, my opinion of him has I met -- I was trying to think of this this I think I met him initially when he was a law And I can't remember when it

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clerk to Judge Justice.

was, but I'm guessing it was at least 15, maybe even 20 years ago. And then I knew him when he went to work for

Scrappy Holmes and then when he -- he left and I've had cases with him and I've had cases against him and my --

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to answer your question, my opinion of his abilities and his reputation has grown. I think he's -- you know, he's somebody I'm glad to count as a colleague and a friend. Q. So his reputation in your mind is -MR. PATTON: Q. (BY MR. BABCOCK) Objection, leading. His reputation in your mind

is better today than it might have been a year ago or two years ago or five years ago? A. Q. Well, to me it is. Yeah, okay. Will you tell me whether

you're -- and I think you've already said this, but will you tell me whether his reputation in your eyes has improved over the last five years? A. I mean, it has to me. And, you know, because

he and I are doing the same kind of work and we weren't

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before.

He was doing more criminal trial practice. And

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he got into the commercial practice and the IP practice, which a lot of us around here do, and I got to see more of him. So, you know, I guess that's the basis for my opinion as much as anything. Q. A. Okay. Have you ever referred him a case?

Yeah, sure have. The first -- first patent

case he ever had. Q. When was that?

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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, Defendants.

* C.A. NO. 6:08-CV-00089

REPORTER'S CERTIFICATION DEPOSITION OF OTIS CARROLL NOVEMBER 5TH, 2008

I.

TAMMY LEA STAGGS, Certified Shorthand Reporter in

and for the State of Texas, hereby certify to the following: That the witness, OTIS CARROLL, 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;

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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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Carroll, Otis

11/5/2008

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That the amount of time used by each party at the deposition is as follows: Mr. Nick Patton - (0:02) Mr. Charles L. Babcock - (0:07) Mr. George L. McWilliams - (0:02)

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: Nick Patton, Esq.

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FOR THE DEFENDANT, CISCO SYSTEMS, INC.: Charles L. Babcock, Esq. Crystal Parker FOR THE DEFENDANT, RICHARD FRENKEL: George L. McWilliams, Esq.

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, r.lated to, nor employed by any of the parties or at orneys in the action in which this proceeding was 1 ta.kerY; ar.nd further that I am not financially or

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atierwfse Interested in the outcome of the action.
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.Certified-, to by me this 7th of November, 2008.

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Tammy Lea aggs , ,"." xpiration Date:

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C R 7496 12/31/2009

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Firm No. Dallas: 69 Houston: 373 HG',Litigation Services

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31 bbbaf8-2a654db2 -8390 - 5f8583693656

Brucceleri , Louis

11110/2008

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

0

) } CISCO SYSTEMS , INC., } RICK FRENKEL , MALLUN YEN & ) } JOHN NOH,

C.A. NO. 6:08-CV-00089

Defendants.

}

0
ORAL AND VIDEOTAPED DEPOSITION OF r LOUIS BRUCCELERI NOVEMBER 10, 2008

PC, ORAL AND VIDEOTAPED DEPOSITION of LOUIS BRUCCELERI, produced as a witness at the instance of the

1

Defendants, and duly sworn, was taken in the above-styled and numbered cause on the 10th of November, 2008, from 12:51 p.m. to 1:12 p.m., before Kathy Genung, a court reporter, and a notary public in and for the State of

I

Texas, reported by machine shorthand, at the offices of Jackson Walker, 1401 McKinney, Suite 2000, Houston, Texas 77010, pursuant to the Federal Rules of Civil Procedure, notice, and the provisions stated on the record or attached hereto.

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Brucceieri, Louis

1111012008

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THE VIDEOGRAPHER:

Here begins the

videotape deposition of Louis Brucceleri, in the matter of Eric M. Albritton versus Cisco Systems, Inc., et al, Case Number 6:.08-CV-00089. November 10th, 2008. 12:52. Today's date is

The time on the video monitor is

The video operator today is Jim Hanna, The court

representing West Court Reporting Service.

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reporter is Kathy Genung of HG Litigation Services, reporting on behalf of West Court Reporting Service. Today's deposition is being taken on behalf of the

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defendant and is taking place at Jackson Walker, 1401 McKinney, Houston, Texas. Counsel, please introduce yourselves and state whom you represent after which will the court reporter please swear the witness. MR. PATTON: I'm Nick Patton. I represent

the plaintiff, Eric Albritton. I MS. HAMILTON: the defendants. (The witness was sworn)
I

Nancy Hamilton on behalf of

LOUIS BRUCCELERI, called as a witness, testified as follows: EXAMINATION BY MS. HAMILTON:

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Q. please?

Would you state your name for the record,

E
West Court Reporting Services 800.548 . 3668 Ext. 1 Page 4

Brucceleri, Louis

11/10/2008

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5

A. Q.

Louis Brucceleri. And, Mr. Brucceleri, you are here -- appearing

here today for your deposition pursuant to a subpoena, are you not? A. Q. Correct. Okay. And let me hand you a copy of that

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subpoena and ask you if you've seen that previously? A. Q. It sure looks like it, yeah. Okay. And although I guess the date is for

0

November 4th, that date was rearranged to today's date of

10

November 10th by agreement? A. Q. A. That is my understanding, correct. Okay. What is your employment?

I'm an attorney at a law firm that's Wong,

Cabello, Lutsch, Rutherford & Brucceleri, I think, is the full name.

I
Q. A. Okay. And where is it located? In Houston, but on the far northwest side. It's

I

not downtown. Q. Okay. And if you would briefly give me your --

what type of law practice? A. I'm pretty much a patent attorney. I mean, I

guess, theoretically, I do all intellectual property; but, you know, 98 percent of my work are patents. I do

25

some patent prosecution.

And I can explain that, if

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Brucceleri , Louis

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Q.
A. Q. A. Q.

Okay.
-- you know, it's Marshall for now. Okay. Yeah. All right. I guess, you know, you've been

identified as someone with knowledge of Mr. Albritton's reputation. And I think you've touched on that, but --

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but, you know, what is your knowledge of his reputation? A. So among -- among the folks that I'm close with

and work with, he's got a stellar reputation. Q. A. Q. Okay. He's a go-to guy. And do you have any opinion or knowledge of his

integrity? A. So -- Only through my experiences. And I would

0

say it's impeccable. I could convey, you know, anecdotally, he -- he is a guy that reins -- when I say us in, I would consider myself as general counsel as

t

opposed to local.

And not that we would ever

intentionally do things that were kind of cute as opposed to perfectly professionally; but if it even smells like that, you know, Eric will put you in your place and make sure you don't do it on anything he's working on, anyway. Q. Okay. And so has -- And that's your opinion of

his reputation today?

West Court Reporting Services

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Brucceleri, Louis

11110/2008

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A. Q.

Correct. Okay. And has his reputation changed, in your

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mind, from the time when you first got to know him till today? A. Q. A. No. Okay. Yes. Okay. Yes. And how many? Well, I don't do a lot of litigation. Okay. But since I met him, I'm pretty sure every case Have you referred any cases to him? Would you ever refer a case to him?

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Q. A. Q. A. Q. A.

I've had in East Texas, which might be between four and seven or eight, but probably closer to four. But I'd

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have to count them up, because sometimes there's multiple filings in a similar case. Q. Okay. Have you had any discussions with anyone

at Cisco about Mr. Albritton? r A. No. You know, Mallun Yen and I had a

conversation where we touched on the Troll Tracker topic, but we didn't talk about Eric and -- and we didn't talk in any detail. Q. And what -- what was it that you touched on with

Troll Tracker?

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THE STATE OF TEXAS } } C,Q!Vt1TY OF FORT BEND } 6

I.

a court reporter, and a notary public in and

fof^ the^,^ate of Texas, do hereby certify that the matters set /forth in the caption to the foregoing d positi^. are.-true and correct ; that the witness r app e^a ed ` befcre me t,, the time and place set forth; that said w .thess wa-s first=^-duly sworn to tell the truth, and
e!'' t^ 4 c r

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thete^.ulpon p:roceecr -to testify in said cause; that the quest1ons of `cQ-unsel and the answers of the said witness were taken- t .own i. shorthand by me and thereafter reduced to typewritirig-under m
^

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10 11 12 13

pages comprise ` a (t)r/ue;correct ,a,nnd complete transcript of
the testimony given;a d t4.e)proceedings had during the taking of said dep osit` iJdn. Ca _

. Wit

^^rt

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dir- Ccation ; and that the foregoing -I
1 1N 1

,

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P

F, ,*4' I further certify,,",that I am not counsel, attorney or relative of either---party, or otherwise
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interested in the event of this suit.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 10th day of November A.D. 2008.

My Commission Kathy Uef 4, Notar` Public in and .Exp. 10/10/2009 for the State of Texas

4d9dffl 7-c311-4ffa-a4ee-1 c67dfc3a061

Williams , Danny Lloyd

11/10/2008

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

0

) ) CISCO SYSTEMS , INC., ) RICK FRENKEL , MALLUN YEN & ) JOHN NOH, ) Defendants. )

C.A. NO. 6:08-CV-00089

0
ORAL AND VIDEOTAPED DEPOSITION OF 0 DANNY LLOYD WILLIAMS NOVEMBER 10, 2008

ORAL AND VIDEOTAPED DEPOSITION of DANNY LLOYD WILLIAMS, produced as a witness at the instance of the Defendants, and duly sworn, was taken in the above-styled 0 and numbered cause on the 10th of November, 2008, from 9:55 a.m. to 10:10 a.m., before Kathy Genung, a court reporter, and a notary public in and for the State of

I
Texas, reported by machine shorthand, at the offices of Jackson Walker, 1401 McKinney, Suite 2000, Houston, Texas 77010, pursuant to the Federal Rules of Civil Procedure, notice, and the provisions stated on the record or attached hereto.

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Williams, Danny Lloyd

11110/2008

THE VIDEOGRAPHER:

Here begins the

,videotape deposition of Danny Williams, tape one, volume

one, in the matter of Eric M. Albritton versus Cisco
Systems, Inc., et al, Case 6:08-CV-00089. Today's date is November 10, 2008. And the time on the video monitor is 9:55. The video operator today is Jim Hanna, The court

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representing West Court Reporting Service.

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reporter is Kathy Genung of HG Litigation Services, reporting on behalf of West Court Reporting Service. Today's depo -- today's deposition is being taken on behalf of the defendant and is taking place at Jackson and Walker, 1401 McKinney, Houston, Texas. Counsel, please introduce yourselves and state whom you represent after which the court reporter will swear in the witness. MR. PATTON: I'm Nick Patton. I represent

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the plaintiff, Eric Albritton. MS. HAMILTON: Nancy Hamilton with Jackson

Walker, representing Cisco Systems, Inc., et al. 1 (The witness was sworn) DANNY LLOYD WILLIAMS, called as a witness, testified as follows: EXAMINATION BY MS. HAMILTON:

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Q. please?

Would you state your name for the record,

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Williams, Danny Lloyd

11 /10/2008

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A. Q.

Yes.

Danny Lloyd Williams.

And, Mr. Williams, let me ask you if you're

appearing here today pursuant to a notice of subpoena? A. Q. Yes. And have you had a chance to look at that

document that I've handing you? That's the notice of subpoena. previously? A. Q. Yes. Okay. And you are appearing pursuant to that Have you had a chance to look at that

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subpoena? A. Yeah. I think the day was redone; but

otherwise, yes. Q. Right. The date on the subpoena, I think, says

November 4th; and by agreement, it was changed to today, November 10th? 1 A. Q. employed? A. I'm a partner at Williams, Morgan & Amerson, a That's right. Okay. Thank you. Mr. Williams, how are you

firm here in town. Q. A. Q. And that's a law firm. Right? Yes, ma'am. Okay. And what is your educational background?

You don't have to go back to high school.

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Williams , Danny Lloyd

11/1012008

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A.

But I don't -- I don't think anyone's ever said

we're putting you down as having knowledge of this or that fact. Q. I don't recall that, at least.

Okay. MR. PATTON: Nancy, I don't -- I don't want

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you to be mislead. I've only been in this case a month -MS. HAMILTON: MR. PATTON: better. Okay. -- or a little -- little

So when the disclosures were made, I wasn't And I thought that might help you. Right. There's a little confusion. I

involved at all.

MS. HAMILTON: MR. PATTON:

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came in late. MS. HAMILTON: That's okay. Okay. That's fine. Well, I'll tell you, at least

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Q. i

MR. PATTON: MS. HAMILTON: (BY MS. HAMILTON)

from the disclosures that I've read, that you've been disclosed as someone having knowledge of the professional reputation and integrity of Mr. Albritton. A. Q. A. yes. All right. Would that be consistent with your knowledge? I think I do have knowledge of his reputation,

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Williams, Danny Lloyd

11/10/2008

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Q. A.

And what is that knowledge? I mean, I've known Eric for a number of years.

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I've worked with him. I've worked opposite of him. I -I believe Eric has.high professional integrity. If he told me something in a case, whether he were opposing counsel or a co-counsel, I would -= I would believe it. I just find him to be a person of high integrity -Q. A. Q. Okay. -- professionally. And how do you find his reputation? Do you have

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an opinion of his reputation as well as his integrity? A. I think the people who know Eric, with those

people, he has a good reputation. I guess the people that I talk to generally do know Eric. So I think that the people who know him believe he has a very good reputation. I Q. A. Q. Okay. So you think -I think he has a good reputation.

At least among those people who know him, yes. Do you think he might not have a good reputation

among those who don't know him? I mean, I want to get what -- What is your opinion of his reputation? A. My opinion is that he has a good reputation, at

least among those people who know him. I don't -- I'm not sure I can speak --

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Q.

Okay.

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Williams, Danny Lloyd

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A. Q. A. Q. A. Q. A.

-- to those people who don't know him. Okay. And would you refer a case to him?

Would I refer a case to him? Uh-huh, yes. Yes. Okay. Have you ever done so?

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I have brought him in on cases. I'm trying

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to -- I don't know. When you say "refer," do you mean give him a case that I don't stay involved in? Q. A. Q. Yes. I can't recall one right now. Okay. You said that you -- you have brought him

in on cases. So has he worked with you on cases, on the same side of the case? A. Q. i cases? A. Q. A. Yes. Can I have the name of the case? We represent together Aloft Media. They are a Yes. And are you currently working with him on any

handful of cases or less. We represent an outfit called Stragent. Let's see. We represent Apple together. Now,

these cases I'm giving you, I didn't bring him in on all these cases. But the question was what cases I'm working

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with him?

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TV

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THE STATE OF TEXAS ) } C.OVNTY OF FORT BEND }
t

1, a court reporter, and a notary public in anti
%A

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fo--1the

lv^

ate of Texas, do hereby certify that the

matters set-fhorth in the caption to the foregoing d pgsit.an area t e and correct; that the witness app`earedore m mat the time and place set forth; that said wfthess F was first duly sworn to tell the truth, and th6rewpon p oceeded, to testify in said cause; that the quest':-an,of 1c6tnsel and the answers of the said witness were takeL. down c21fi shor hand by me and thereafter reduced to typewriting under-% dic tion; and that the foregoing pages comprise'a^hbrue,-4-orrect end complete transcript of the testimony given abd tiI6^^proceetdings had during the
taking of said deposit-^,q.T` p I further certify that I am not counsel,
^ f-1^

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1
16 17 18 19

attorney or relative of ei.th:er party, or otherwise interested in the event of this suit.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 10th day of November A.D. 2008.

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;14111^ P

a

My Commission Kathy n , NotaM Public in and Exp. 10 / 10/2009 for the State of Texas

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4d9dff'i 7-c311-4ffa-a4ee-l c67dfc3a061

McAndrews , Peter J.

11/7!2008

IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF TEXAS TYLER DIVISION

ERIC M. ALBRITTON, Plaintiff,

] ]
]
1

-vs-

C.A. No. 6:08 -CV-00089

CISCO SYSTEMS, INC., ] RICK FRENKEL, MALLUN ] YEN and JOHN NOH, Defendants. ]

The video taped deposition of PETER J. McANDREWS, called by the Defendant Cisco Systems, Inc. for examination, pursuant to subpoena and pursuant to the Federal Rules of Civil Procedure for the United States District Courts pertaining to the taking of depositions, taken before Cynthia J. Conforti, Certified Shorthand Reporter, at 333

North Wabash, Suite 4000, Chicago, Illinois, commencing at the hour of 11:14 a.m. on the 7th day of November, A.D., 2008.

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McAndrews , Peter J.

11/7/2008

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MR. McWILLIAMS:

I'm George McWilliams,

representing Rick Frenkel. THE VIDEOGRAPHER: Will the court reporter

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please swear in the witness. (Witness duly sworn.) PETER J. McANDREWS, called as a witness herein, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. BABCOCK: Q. A. Would you state your name, sir. It's Peter J. McAndrews. Mr. McAndrews, what do you do for a

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Q. living? A. Q. A. Malloy. Q. A. Q. A. Q.

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I'm a lawyer. Where do you work? I work at the law firm of McAndrews Held &

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In Chicago? Yes. Are you a partner in the firm? Yes, I am. Okay. And as I understand it, there's

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some other McAndrews in this firm. One would be

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McAndrews , Peter J.

111712008

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certainly something that the clients would consider. MR. McWILLIAMS: BY MR. McWILLIAMS: Q. Have you heard any lawyer who practices in Objection, nonresponsive.

the Eastern District of Texas be critical of Johnny Ward or Eric Albritton's reputation since the Troll Tracker article? A. Q. I have not personally heard that, no. Now, do I understand that in the filing of

the ESN complaint that the basic communication with Eric Albritton's office was with Amie Mathis and you? A. No, that's not true. She took over -- as

was discussed earlier, she took over the communication chain later in the afternoon after the complaint was in Mr. Albritton's firm's hands. Q. Okay. She took over the communication

chain late in the afternoon of October the 15th. A. Q. That's right. And then she continued in that

communication chain through the 15th and the 16th. And what about the 17th?

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A.

You know, I don't recall whether there

were any communications with Amie on the 16th.

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McAndrews , Peter J.

1 IM2008

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STATE OF ILLINOIS ) ) COUNTY OF SS:

C

O

O

K

)

The within and foregoing deposition of the witness, PETER J. McANDREWS, was taken before CYNTHIA J. CONFORTI, CSR, CRR, Notary Public, at Suite 4000, 333 North Wabash Avenue, in the City of Chicago, Illinois, commencing at-11:14 a.m., on November 7, 2008. The said witness was first duly sworn and was then examined upon oral interrogatories; the questions and answers were taken down in shorthand by the undersigned, acting as stenographer and Notary Public; and the within and foregoing is a true, accurate and complete record of all the questions asked of and answers made by the aforementioned witness at the time and place hereinabove referred to. The signature of the witness was not waived and the deposition was submitted to the deponent as per copy of the attached letter. The undersigned is not interested in the within case, nor of kin or counsel to any of the parties.

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Witness my official signature and seal as

f
West Court Reporting Services 800.548 . 3668 Ext. 1 Page 96

W97 1 2 Notary Public in and for Cook County, Illinois, on this 11th da of November, 2008.

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