Ceglia v. Zuckerberg et al

Filing 106

MEMORANDUM in Opposition re 95 Cross MOTION to Compel, 91 MOTION to Compel Defendant Zuckerberg's Compliance with the Court's Order of July 1, 2011 filed by Paul D. Ceglia. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Affidavit, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Affidavit, # 15 Exhibit A, # 16 Exhibit B, # 17 Exhibit C, # 18 Certificate of Service)(Lake, Jeffrey)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
------------------------------------

x

PAUL D. CEGLIA,
Plaintiff,
Civil Action No.1: 10-cv-00569RJA

v.
MARK ELLIOT ZUCKERBERG and
FACEBOOK, INC.,
Defendants.
------------------------------------

x

DECLARATION OF LARRY F. STEWART
I, Larry F. Stewart, submit this Declaration in in opposition to Defendants' Cross-motion
to Compel (Cross-motion to Compel), and hereby declare:
1.

I am an expert in the area of forensic science. I hereby incorporate by reference

my resume and qualifications, a true and correct copy of which is attached hereto as Exhibit A.
2.

On July 19,2011, Defendants' experts Albert Lyter III and Gerald LaPorte took

various samples of ink, toner, and paper from the Work-for-Hire Contract (WFHC) and the
StreetFax Back-End Technical Specification (Spec Sheet).
3.

On July 25, 2011, Erich Speckin and I took samples of ink, toner, and paper from

the WFHC and the StreetFax Back-End Technical Specification Spec Sheet.
4.

True and correct copies of pages 1 and 2 of the WFHC post-sampling are attached

hereto as Exhibit B.
5.

In my professional opinion, additional sampling of the interlineation on page 1 of

the WFHC, the initials on page 1 of the WFHC, the signatures on page 2 of the WFHC, or any of
the above will compromise the physical integrity of the contract.

6.

True and correct copies of pages 1-6 of the Spec Sheet post-sampling are attached

hereto as Exhibit C.
7.

In my professional opinion, additional sampling of the interlineation on page 4 of

the Spec Sheet, the initials on page 4 of the Spec Sheet, the signatures on page 6 of the Spec
Sheet, or any of the above will compromise the physical integrity of the contract.

I hereby certify and declare under penalty of perjury that the foregoing is true and accurate.

Larry F. Stewart

2