Ceglia v. Zuckerberg et al
DECLARATION signed by Terrance P. Flynn re 216 MOTION to Strike 212 Declaration and for Sanctions filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Snyder, Orin)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Civil Action No. 1: 1 0-cv-005 69-RJA
TERRANCE P. FLYNN
MARK ELLIOT ZUCKERBERG and
I, TERRANCE P. FLYNN, hereby declare under penalty of perjury that the following is
true and correct:
I am an attorney 1.
licensed to practice law in the State of New York and admitted to
practice before this Court. I am a partner in the law firm of Harris Beach PLLC ("Harris
Beach"), counsel of record for Mark Elliot Zuckerberg and Facebook, Inc. ("Facebook") in the
above-captioned matter. I make this declaration, based on personal knowledge, in support of
Defendants' Motion to Strike and for Sanctions.
On November 11, 2011, I learned that Plaintiff's counsel, Dean Boland, had
contacted the court-authorized videographer, Robert Gianadda. I subsequently contacted Mr.
Gianadda to inquire as to why Mr. Boland had contacted him. Mr. Gianadda explained that Mr.
Boland had called him more than once on November 10, 2011 and had requested that Mr.
Gianadda sign a declaration. Mr. Gianadda further explained that Mr. Boland called him at the
end of the day at around 5:30 p.m. and then subsequently put "pressure" on him again during
another call at around 8:30 p.m. Mr. Gianadda specifically mentioned to me that during the
evening phone call he was busy at home taking care of family matters when Mr. Boland called to
pressure him to sign the declaration.
I explained to Mr. Gianadda during our call that Mr. Boland had filed that
morning his declaration in support of a Motion for Sanctions. Mr. Gianadda was clearly upset
and surprised by the filing of the declaration.
Mr. Gianadda made it clear it was always his desire to remain as an independent
third party. He said Mr. Boland never told him the declaration would be submitted in court for
any reason. Mr. Gianadda was very concerned about his reputation in the Buffalo community
due to his many years of service as an independent legal videographer. He said it seemed to him
that he had been deceived by Mr. Boland. I therefore asked him if he wanted to execute a
supplemental declaration which would clarify the circumstances surrounding the phone calls he
received from Mr. Boland and the subsequent signing of the declaration. Mr. Gianadda said,
"Yes." He thereafter came to the offices of Harris Beach.
Upon arriving at the offices of Harris Beach, we subsequently conducted a
further conversation in which co-counsel, Alexander Southwell, participated by telephone.
Mr. Gianadda specifically reiterated that he was told by Mr. Boland that the
declaration was only being executed in order to allow Mr. Boland and Mr. Southwell to "start a
dialogue." Mr. Gianadda was adamant he was never told it was going to be filed with the Court.
Mr. Gianadda appeared embarrassed by the situation and was clearly concerned about his
reputation as an independent legal videographer. Mr. Gianadda further related that Mr. Boland
spent at least four times as much time on the phone discussing the earlier paragraphs in
comparison to paragraphs 14 through 17 of the declaration. Mr. Gianadda recalled that Mr.
Boland seemed to be treating paragraphs 14 through 17 in a "rushed" fashion.
In my offices, Mr. Gianadda reviewed a new declaration, which was to supersede
the one Mr. Boland had filed on November 10, 2011. Mr. Gianadda reviewed the draft
declaration several times and made several edits. He took the time to carefully review the draft
declaration, reviewing each word and paragraph more than once, before executing it.
1 declare under penalty of perjury that the foregoing is true and correct. E_xcvuted on this
14 th day of November, 2011 at Niagara F alls, NTew York.
Terrance P. Flynn