Ceglia v. Zuckerberg et al
DECLARATION signed by Dean Boland re 317 Order on Motion to Compel filed by Paul D. Ceglia. (Boland, Dean)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Civil Action No. : 1:10-cv-00569-RJA
MARK ELLIOT ZUCKERBERG, Individually, and
DECLARANT, submits this declaration and hereby declares under penalty of
perjury and pursuant to 28 U.S.C. 1746 and under the laws of the United States
that the following is true and correct:
I make this declaration upon personal knowledge.
I am lead counsel representing Paul Ceglia in this matter.
I have reviewed Doc. No. 317, the Court’s Decision and Order regarding
Defendants’ Fifth Motion to Compel.
Co-counsel Paul Argentieri and I had several conversations about the
document called Lawsuit Overview.pdf.
I was not involved in the drafting, editing or transmission of the Lawsuit
Paul Argentieri, consistent with his declaration in this matter, authored that
Mr. Argentieri informed me, consistent with his declaration, that he created
the Lawsuit Overview content and sent the Lawsuit Overview content to
Jason Holmberg who converted it into pdf format.
I, in turn, passed this information on to Alex Southwell via email shortly after
speaking with Mr. Argentieri.
However, I presumed that when Mr. Argentieri said he had drafted the
document and “sent” it to Mr. Holmberg who converted it to pdf, that Mr.
Argentieri meant he had emailed the document to Mr. Holmberg.
10. Email is the typical method by which I send and receive documents in my
practice and personal life making this presumption reasonable, albeit now
11. My inadvertent error in presuming that “sent” meant email resulted in my
brief email to Mr. Southwell indicating that the Lawsuit Overview.pdf was
sent or received by Mr. Holmberg via email.
12. After further conversation with Mr. Argentieri, he later attempted to resolve
the confusion caused by my comment by stating in his declaration the process
of the creation of that document and how it was sent to Mr. Holmberg and in
13. That declaration was provided to Defendants.
14. Therefore, although Mr. Argentieri did inform me that he had sent the Lawsuit
Overview.pdf to Jason Holmberg consistent with his declaration, no one to my
knowledge sent the Lawsuit Overview.pdf document to Mr. Holmberg via
15. The apparent non-compliance by my client in non disclosing one or more
additional authors of the Lawsuit Overview.pdf or one or more other persons in
possession of that document is a result of confusion inadvertently caused by
my presumption about co-counsel Paul Argentieri’s method of transmission as
16. I have no basis to conclude that there is another custodian or another author
or co-author of that document.
17. To my knowledge there is no undisclosed author or co-author of the Lawsuit
18. To my knowledge there is no undisclosed custodian of the Lawsuit
I hereby and hereby declare under penalty of perjury and pursuant to 28
U.S.C. 1746 and under the laws of the United States that the following is true and
DATED: March 29, 2012.
/s/ Dean Boland