Albritton v. Cisco Systems, Inc. et al

Filing 84

NOTICE by Eric Albritton Plaintiff's Notice of Amended Subpoena - Beatrice Nguyen (Patton, Nicholas)

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Albritton v. Cisco Systems, Inc. et al Doc. 84 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DWISION ERIC M. ALBRITTON, Plaintiff, v. 1 CISCO SYSTEMS, INC., 2 RICHARD FRENKEL, a/k/a "TROLL TRACKER," 3 JOHN NOH and 4 MALLUIN YEN, Defendants. NO. 6:08-CV-00089 PLAINTIFF'S NOTICE OF AMENDED SUBPOENA Please take note that Plaintiff, Eric M. Aibritton, will serve the attached subpoena on Beatrice B. Nguyen pursuant to Rule 30 and 45 of the Federal Rules of Civil Procedure. The subpoena calls for Beatrice Nguyen's appearance for her deposition on November 19, 2008 @ 4:00 P.m. PST at Levin & Kahn Law Offices, 225 Battery Street, San Francisco, CA 94111. Respectfully submitted, JCs..Os, OssZtattc... Nicholas H. Patton Texas Bar No. 15631000 PATTON, TIDWELL & SCHROEDER, LLP 4605 Texas Boulevard Texarkana, Texas 75503 903.792.7080 / 903.792.8233 Fax Patricia L. Peden LAW OFFICE OF PATRICIA L. PEDEN 610 16th Street, Suite 400 Oakland, California 94612 Telephone: 510-268-8033 James A. Holmes THE LAW OFFICE OF JAMES HOLMES, PC Texas Bar No. 00784290 635 South Main, Suite 203 Henderson, TX 75654 903.657.2800 / 903.657.2855 Fax ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SER VICE I hereby certifSr 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., Mallun Yen and John Nob and Mr. George McWilliams, attorney for Richard Frenkel, P.O. Box 58, Texarkana, Texas 75504-0058, via electronic mail on this, the 17th day of November 2008. Nicholas H. Patton AO88 Rev. 12/071 Subroena in a Civil Case Issued by the UNITED STATES DISTRICT COURT Eric M. Aibritton EASTERN DISTRICT OF TEXAS SUBPOENA IN A CiVIL CASE V. Cisco Systems, Inc., et at Case Number:' 6:08cv89 TO: Beatrice B. Nguyen, Levin & Kahn, LLP, 225 Battery Street, San Francisco, CA 94111 E YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testif' in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME YOU ARE COMMANDED to appear at the place, date, and time specified below to testi& at the taking of a deposition Levin & Kahn, 225 Battery Street San Francisco, CA 94111 DATE AND TIME in the above case PLACE OF DEPOSITION 11/19/06 @4:00 p.m. PSi O YOU ARE COMMANDED to produce and pennit inspection and copying of the following documents or objects at the place, date, and time specified below list documents or objects: PLACE DATE AND TIME 0 YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officeis, directors, or managing agents, or other persons who consent to testit on its behalf, and may set forth, for each person designated, the matters on which the person will testi'. Fedemi Rule of Civil Pmcedure 30b6. ISSUING OFFICER'S SIGNATURE AND TITLE INDICATE IF AVrORNEY FOR PLAINTIFF OR DEFENDANT DATE Attorney for Plaintiff ISSUING OFFICER'S NAME. ADDRESS AND PHONE NUMBER November 17, 2008 Nicholas H. Patton, Patton, Tidwell & Schroeder, LLP, P.O. Box 5398, Texarkana, TX 75505-5398 903.792.7080 See Federal Rule of Civil Procedure 45c, d, and e. on next page `If action is pending in district other than district of issuance, state district under case number. A088 Rev. l2/O7 Subnoena in a Civil Case Page 2 PROOF OF SERVICE DATE PLACE SERVED SERVED ON PRINT NAME MANNER OF SERVICE SERVED BY PRINT NAME TITLE DECLARATION OF SERVER I declare under penalty ofpeiju underthe laws ofthe United States ofAmerica that the foregoing information contained in the Proof of Service is true and correct. Executed on DATE SIGNATURE OF SERVER ADDRESS OF SERVER Federal Rule of Civil Procedure 45 c, d, and e, as amended on December 1, 2007: c PROTECTING A Pzsso SUBJECT TO A SUBPOENA. I Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and sewing a subpoena muss take reasonable steps to avoid imposing undue burden or expense on a person aubject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction which may include lost eansinga and reasonable attorney's fees- on a party or anomey who fails to comply. 2 Command to Produce Materials or Permit Inspection. A Appearance Not Required. A person cornsnanded to produce documentu, eleclronicsllystoredinfonnation,ortangiblethings, ortopermitthe inspectinnofprmtises, need met without undue hardship; ishows asubstantialneedforthetestimony ormsterialthatcannotbeothenvise and ii ensures that the subpoenaed person will be reasonably compensated. d Dtrnxs aN RESPON]MNG TO A Soaposra, I Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: A Poctimenis. A person responding to a sushpoena to produce dr.msments must not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial. B Objections. A pthon commanded to produce documenls or tangible things or to permit inspeetiosa may serve on the party or attomey designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all ofthe ntaterials or to inspecting produce them asthey arekeptin the ordinasy course ofbusinessormustorganize and label them to correspond to the ettegories in the demand. B Form for Producing Electronically Stored Information Not Specified, If a subpoena does not specir a form for producing clrctrosiieally stored information, the person responding must produce it in a form or forms in which it in ordinanly maintained or in a reasonably unable form or forms. the preniiaes-ortopmducing eleclronically stored information intheformorfnrmsrequested The objection must be served before the earlier ofthe time specified for compliance or 14 days after the susbpoena is served. Wan objection is made, the following rules apply: iAt ally sisue, osi ssuticr to dir uuss.nsanded peisuli, the serving paity Inaysnuve the isauissg court for an order compelling production or inspection. ii These acts may be required only as directed in the order, and the order must protect a peruon who is neither a party nor a party's officer from significant expense resulting from compliance. 3 Quashing or Moditying a Subpoena. A WIser, Required. On timely motion, the issuing court must quash or morn a subpoena that: i fails to allow a reasonable time to comply; ii requires a person who is neither a party nor a party's officer to travel more than lifi miles from where that poison resides, is employed, or regularly transaets business in person - exceptthat, subjectto Rule 45eX3XBXiii, the person may be commandedto attend a trial by traveling from any such place within the state where the trial is held; iii requires disclosure of privileged or other protected malter, if no exception or waiver applies; or iv subjects a person to undue burden B When Permitted. To protect a peison subject to or affected by a subpoena, the issuing court may. on motion, quash or modi' the subpoena if it requires: i disclosing a trade secret or other confidential research, developmeris, or commercial information: ii disclosing an snaictained experts opinion or information that does not describe specific occurrences in dispute and results from the expests study that was not requested by a party; or iii a person who is neither a party nor a party's officer to incur substantial expense to more than Ion males to attend Ins1 C Speming Conditions as an Alternative. In the circumstances described in Rule 45cXSXB, the court may, instead ofquaahing or moddying a subpoena, order appearance or production under sperified ronditions if thc serving party: C Electronically Stored Information Produced in Only One Form. The person responding need notproduce the same electronically stored ir,fonnation in more than one form. U Inaccessible Electronically Stored Information. Theperson responding need not piuvidedisauveiy ufeleutios'ically stuied inflassiatiussflussasousucs that thepe'ausiidessilirs as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must thow that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limilatiosu of Rule 260,X2XCJ. The court may apecity conditions for the discovery. 2 Claiming Privilege or Protection. A Information Witlaheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as tnal-preparation material must: i expressly make the clatin and ii describe the nature of the withheld documents, communications, or tsngible thisigainamanner that withoutrevealing information itself privileged or protected, will enable the parties to assess the claim. B Information Produced, If infomaation produced in response to a subpoena is subjcct to a claim of wivilcge or of protection as trial-preparation material, the person making the claim may notdy any party that received the information of the claim and the basis for it After being notified, a party must promptly return, aequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified: and may promptly present the information to the court under teal for determination of the claint The person who produced the information must preserve the information until the claim is resolved. e CONTEMPT. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to anend or produce at a place outside the limits of Rule 45cX3XAXii.

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