Albritton v. Cisco Systems, Inc. et al

Filing 268

NOTICE by Cisco Systems, Inc. of Amended Subpoena (Babcock, Charles)

Albritton v. Cisco Systems, Inc. et al

Doc. 268

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON v. CISCO SYSTEMS, INC. and RICK FRENKEL CISCO SYSTEMS, INC.'S NOTICE OF AMENDED SUBPOENA TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Please take notice that Defendant Cisco Systems, Inc. will serve the attached Amended Subpoena pursuant to Rules 30 and 45 of the Federal Rules of Civil Procedure on Cynthia Paar. The Amended Subpoena requires Cynthia Paar's appearance at trial on September 14, 2009 at 9:00 a.m. at the United States District Court, 211 W. Ferguson Street, Tyler, Texas 75702. Respectfully submitted,
JACKSON WALKER

§ C. A. NO. 6:08-CV-00089 JURY

L.L.P.

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

5552528v.1

Dockets.Justia.com

CERTIFICATE OF SERVICE This is to certify that on this 2nd day of July, 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 Albrifton

Nicholas H. Patton Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Attorney for John Ward, Jr.

/s/ Charles L. Babcock

Charles L. Babcock

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AO 88 (Rev. 01/09) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action

UNITED STATES DISTRICT COURT
for the Eastern District of Texas ERIC M. ALBRITTON
Plaintiff v. CISCO SYSTEMS, INC. Defendant

Civil Action No. 6:08-CV-00089

AMENDED SUBPOENA TO APPEAR AND TESTIFY AT A HEARING OR TRIAL IN A CIVIL ACTION To: Cynthia Paar 211 Ferguson, Tyler, Texas 75702 YOU ARE COMMANDED to appear in the United States district court at the time, date, and place set forth below to testify at a hearing or trial in this civil action. When you arrive, you must remain at the court until the judge or a court officer allows you to leave. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment:

Place: United States District Court 211 W. Ferguson Street Tyler, Texas 75702

Courtroom No.: Date and Time: 09/14/2009 9:00 am

You must also bring with you the following documents, electronically stored information, or objects (blank if not
applicable):

The basic dictionary of events that you referenced in your deposition in this case, along with any other programming manuals for the ECF or Pacer System.

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Fed. R. Civ. P. 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.

Date:

07/02/2009 CLERK OF COURT
OR Signature of Clerk or Deputy Clerk

4,a/tote'd 6Aitta:
Attorney's signature

Ificl name, address, e-mail, and telephone number of the attorney representing (name of party)
--, who issues or requests this subpoena, are:

Cisco Systems, Inc.

Charles L. Babcock 1401 McKinney Street, Suite 1900 Houston, Texas 77010

[e-mail] 713-742-4200

AO 88 (Rev.01 /09) Subpoena to Appear and Testify at a Hear ng or Trial in a Civil Action (page 2)

Civil Action No. 6:08-CV-00089 PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if aro) was received by me on (date)

1 I personally served the subpoena on the individual at (place)
on (date)
; or

,r1 I left the subpoena at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual's last known address; or

O I served the subpoena on (name of individual)
designated by law to accept service of process on behalf of (name of organization) on (date) CI I returned the subpoena unexecuted because ; or

, who is

; or

1 Other (specify):

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc: