Albritton v. Cisco Systems, Inc. et al

Filing 298

NOTICE by David. Maland, David Provines, Shelley Moore, Faye Thompson, Peggy Thompson, Cynthia Paar, Rhonda Lafitte, Rachel Wilson : Scope of Authorized Testimony for Federal Employee Witnesses (Submitted by the United States Attorney) (Attachments: # 1 Exhibit 1: Touhy Regulations for the Courts, # 2 Exhibit 2: Plaintiff's Subpoena to David Maland, # 3 Exhibit Cisco Systems' Subpoenas to the clerk personnel, # 4 Exhibit 4: Patton Letter to Maland dated August 25, 2009, # 5 Exhibit 5: Defense Counsel Letter to Maland Dated July 28, 2009, # 6 Exhibit 6: Defense Counsel Letter to Maland dated July 1, 2009, # 7 Exhibit 7: Maland Letter to Patton dated August 31, 2009, # 8 Exhibit 8: Maland Letter to Patton Dated September 3, 2009, # 9 Exhibit 9: Maland Letter to Defense Counsel dated August 11, 2009)(Gibson, Thomas)

PATTON. TIDWELL & SCHROEDER, L.L.P.
ATTORNEYS AT LAW
www.texarkanalaw.com
Nicholas H. Patton Kelly Tidwell Robert W. Schroeder III Kurt Truelove Geoff Culbertson Carly Slack Anden;on

Nicholas H. Patton [e-mail]

August 25, 2009

Mr. David Maland
United States District Clerk
211 W. Ferguson Street
Tyler, Texas 75702

Re: Albritton v. Cisco No. 6:08cv89

Dear Mr. Maland: Attached hereto is a subpoena for your attendance at the trial of the above referenced matter. We will seek testimony regarding the following: 1) Topics included in Cisco's subpoena for which you have agreed to provide trial testimony 2) whether the NEF is the official record of filing; 3) when a docwnent is "filed" pursuant to local and federal rules; 4) whether the NEF in this case has ever been altered; 5) whether the clerks conspired with Eric to manufacture jurisdiction where none existed; 6) whether local rules prohibit or encourage attorneys and their staff to contact the clerk's office with questions about electronic filing; 7) whether Eric violated law, rules or local operating procedures in this case;

6J-------,
Exhibit

4
One East Center Fayetteville, Arkansas 72701 [phone] (phone) [phone] (fax) 4605 Texas Boulevard Post Office Box 5398 Texarkana, Texas 75505-5398 [phone] (phone) [phone] (fax) lIS North Wellington

Suite 102
Marshall, Texas 75670 [phone] (phone)

Mr. David Maland August 25, 2009 Page Two

8) when the ESN complaint was filed;

9) the facts surrounding the correction ofthe docket entries;

10) the contents and interpretation of Local Rule CV-5;
11)the contents and purpose of y o u r letter to the Texas Lawyer;
12) the electronic filing system in effect in October of 2007 and as amended; and
13) the National Model Rules for electronic filing.
14) The information contained in a document on the Eastern District of Texas's website
entitled "How to Electronically File a New Case", revised Nov. 28, 2006, attached hereto, and infonnation concerning whether that document was publically available on the court's website on October 17-19,2007. Should you have any objections to testifying with regard to the above topics, please advise me of the same. Sincerely,

NHP/ml cc: Thomas E. Gibson, AUSA Bob Wells, AUSA Chip Babcock Crystal Parker

One East Center Fayetteville, Arkansas 72701 [phone] (phone) (479) 521·7082 (fax)

4605 Texas Boulevard Post Office Box 5398 Texarkana, Texas 75505-5398 [phone] (phone) [phone] (fax)

lIS North Wellington Suite 102 Marshall t Texas 75670 [phone] (phone)