Albritton v. Cisco Systems, Inc. et al

Filing 294

Opposed MOTION Designation of Next Day Trial Witnesses by Cisco Systems, Inc.. (Attachments: # 1 Text of Proposed Order Order)(Babcock, Charles)

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Albritton v. Cisco Systems, Inc. et al Doc. 294 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON v. CISCO SYSTEMS, INC., and RICK FRENKEL C. A. NO. 6:08-CV-00089 CISCO SYSTEM INC.'S MOTION TO DESIGNATE NEXT DAY TRIAL WITNESSES TO THE HONORABLE COURT: Cisco Systems, Inc. ("Cisco" or Defendant") moves the court to require all parties to designate their next day witnesses at the trial of the above-referenced case as follows: 1.1 This case is set for trial on September 14, 2009. The Plaintiff has listed fifteen (15) witnesses that he will call "live or via video tape deposition." Exhibit G to Amended Pretrial Order. He has listed an additional eighteen witnesses he "may call." Id. In order to more efficiently prepare for trial and for an orderly presentation of the evidence, Cisco requests that the court order Plaintiff to disclose his witnesses for the following day not later than 5:00 p.m. on the day prior to that witnesses' testimony. With respect to the first day of trial, Cisco requests that it be notified of the Plaintiff's first day witnesses not later than 5:00 p.m. on September 11, 2009. 1.2 Cisco and co-defendant Rick Frenkel are willing to be bound by the same procedure. WHEREFORE PREMISES CONSIDERED, Cisco prays that this motion be granted and that it be awarded such relief as to which it is entitled. MOTION TO DESIGNATE NEXT DAY TRIAL WITNESSES -PAGE 1 of 4- Dockets.Justia.com Respectfully submitted, JACKSON WALKER L.L.P. By: /s/ Charles L. Babcock Charles L. Babcock Federal Bar No.: 10982 Email: cbabcock@jw.com Crystal J. Parker Federal Bar No.: 621142 Email: cparker@jw.com 1401 McKinney Suite 1900 Houston, Texas 77010 (713) 752-4200 (713) 752-4221 Fax ATTORNEYS FOR DEFENDANT CISCO SYSTEMS, INC. MOTION TO DESIGNATE NEXT DAY TRIAL WITNESSES -PAGE 2 of 4- CERTIFICATE OF CONFERENCE At a pretrial conference before the Honorable Magistrate Judge Don Bush on September 1, 2009, the undersigned brought up the above referenced matter and was informed that this was an issue for the district judge to rule upon. The undersigned asked opposing counsel Nick Patton and James Holmes at the September 1 hearing whether they would agree to this motion and they said they would consider it and let defendant know. On September 3, 2009, the undersigned sent an e-mail asking whether Mr. Patton, Mr. Holmes or Mr. McWilliams (Frenkel's counsel) would oppose the motion and indicated an intention to file this motion on Friday September 4, 2009. Mr. McWilliams responded that he was unopposed. On September 4, 2009, shortly before filing this motion the undersigned spoke with Mr. Holmes and said that he would check with the other members of the trial team and determine whether the motion was opposed. Cisco has heard nothing further from Plaintiff's counsel, as of the date and time of this filing, and therefore presumes that they are opposed. Certified this 4th day of September, 2009. /s/ Charles L. Babcock ____________________ Charles L. Babcock MOTION TO DESIGNATE NEXT DAY TRIAL WITNESSES -PAGE 3 of 4- CERTIFICATE OF SERVICE This is to certify that on this 4th day of September, 2009, a true and correct copy of the foregoing was served 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 Nicho las H. Patton Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Attorney for Plaintiff Eric Albritton /s/ Charles L. Babcock ____________________ Charles L. Babcock MOTION TO DESIGNATE NEXT DAY TRIAL WITNESSES -PAGE 4 of 4-

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