Ceglia v. Zuckerberg et al

Filing 523

DECLARATION signed by Alexander H. Southwall re 521 Ninth MOTION to Compel And For Other Relief filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Snyder, Orin)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Plaintiff, : : v. : : MARK ELLIOT ZUCKERBERG and : FACEBOOK, INC., : : Defendants. ------------------------------------ x Civil Action No. 1:10-cv-00569-RJA DECLARATION OF ALEXANDER H. SOUTHWELL I, ALEXANDER H. SOUTHWELL, hereby declare under penalty of perjury that the following is true and correct: 1. I am an attorney licensed to practice law in the State of New York and admitted to practice before this Court. I am a partner in the New York office of the law firm of Gibson, Dunn & Crutcher LLP (“Gibson Dunn”), counsel of record for Mark Elliot Zuckerberg and Facebook, Inc. (“Facebook”) in the above-captioned matter. I make this Declaration in Support of Defendants’ Ninth Motion to Compel and for Other Relief. I have personal knowledge of the information set forth herein based upon my direct involvement in the matters at issue and upon my review of the documents referenced below. 2. This declaration describes Defendants’ good-faith efforts to resolve disputes regarding Plaintiff’s failure to comply with this Court’s Orders dated July 1, 2011 (Doc. Nos. 83, 84) before filing Defendants’ Ninth Motion to Compel, in compliance with Western District of New York Local Rule 7(d)(4). 3. Attached hereto as Exhibit A is a true and correct copy of a letter dated September 4, 2012 from me to Dean Boland in which I requested that Ceglia produce to Defendants all hard copies of the purported contract created before June 30, 2010, including those hard copies 1