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)

From: "<Jeffrey A. Lake>" , Jeffrey Lake <[e-mail]>
Date: Sat, 16 Jul 2011 13:01:53 -0700
To: Alexander Southwell <[e-mail]>
Cc: Matthew Benjamin <[e-mail]>, Amanda Aycock <[e-mail]>,
Terrance Flynn <[e-mail]>
Subject: Re: Electronic Asset Inspection
Alex,
Please see my comments in red below.
Thanks,
Jeff

Jeffrey A. Lake, Esq.
Jeffrey A. Lake, A.P.C.
835 5th Ave Ste 200A
San Diego, CA 92101
619-795-6460 Office
619-795-6478 Fax
[e-mail]

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From: Alexander Southwell <[e-mail]>
Date: Sat, 16 Jul 2011 02:50:26 +0000
To: Jeffrey Lake <[e-mail]>
Cc: Matthew Benjamin <[e-mail]>, Amanda Aycock <[e-mail]>,
Terrance Flynn <[e-mail]>
Subject: Electronic Asset Inspection
Jeff:
I write to raise a few issues regarding the Electronic Asset inspection which began today.
First, thank you for the information you provided in advance of the inspection and the cooperation
today at the various sites.

Second, at the Chicago inspection today, the image of the Seagate hard drive was not made available as
we had agreed it would be. Please ensure that that image is available when the examiners return
Monday to continue imaging the CDs and floppy disks. Please confirm that asset will be available on
Monday morning. The image of the Seagate hard drive will be available for forensic imaging at PLA on
Monday morning.
Third, the Electronic Asset production has not complied fully with Judge Foschio’s Order. The Order
provides that in addition to the computers and other electronic media being produced, all electronic
versions of the purported contract and the electronic files consisting of or containing the purported
emails be produced. Specifically, the Order at page 2 provides that:
“Plaintiff shall produce on or before July 15, 2011, the following electronic assets: (1) the native
electronic version of the purported contract attached to the Amended Complaint and all electronic
copies of the purported contract including the forms described in paragraph 8 of the Declaration of Paul
D. Ceglia, dated June 12, 2011; (2) the original, native electronic files consisting of or containing the
purported emails described in the Amended Complaint and all electronic copies of the purported emails;
and (3) all computers and electronic media in Plaintiff's possession, custody, or control, including but not
limited to the electronic assets listed in paragraph 6 of the Declaration of John H. Evans, dated June 17,
2011, and all assets certified to by Plaintiff pursuant to the Court’s June 30, 2011 Order….”
You have not produced (1) the native electronic version of the purported contract, (2) all electronic
copies of the purported contract, or (3) the forms described in your client’s June 12th declaration. In
addition, you have not produced (4) the original, native electronic files consisting of or containing the
purported emails or (5) all electronic copies of the purported emails. This includes all versions within
the custody of Mr. Ceglia and his agents, including attorneys and experts. Your failure to produce these
five categories of material is not compliant with the Order. To the extent that some of these materials
are included on Electronic Assets that were produced for inspection today, please provide forthwith the
specific locations by identifying the media upon which they reside and the file path, e.g.
A:\Folder1\Contract.doc. For the floppy disks and CDs, please identify the media based upon the item
numbers assigned by Lippes Mathias, e.g. Item #615.
Fourth, some of the CDs and floppies in Florida and Chicago appear to have pre-existing physical damage
which may render them unreadable in whole or in part. Please advise whether your experts have been
able to access any data and/or image the media with apparent physical damage. Please also provide
any information you have about the timeframe these media were used and the circumstances and time
when the damage occurred. We reserve the right to seek to employ additional forensic efforts to
recover data from the physically damaged media.
Finally, I understand that your handwriting expert was able to complete his inspection today. As we had
agreed, this accommodation will allow our ink and paper analysis, including sampling, to proceed
tomorrow.
Thank you for your prompt attention and response to these items.
Alex

Alexander H. Southwell
Partner

GIBSON DUNN
Gibson, Dunn & Crutcher LLP
200 Park Avenue, New York, NY 10166-0193
Tel [phone] • Fax [phone]
[e-mail] • www.gibsondunn.com

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