Ceglia v. Zuckerberg et al

Filing 134

MOTION for Extension of Time to File Response/Reply as to 128 MOTION to Compel by Paul D. Ceglia. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Jeffrey A. Lake, # 3 Affidavit of Paul A. Argentieri, # 4 Affidavit of Nathan A. Shaman, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C)(Lake, Jeffrey)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
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Civil Action No. 1:10-cv-00569RJA

DECLARATION OF NATHAN A. SHAMAN
I, Nathan A. Shaman, Esq. submit this Declaration in support of Plaintiff’s Motion to Set
Delayed Briefing Schedule and hereby declare:
1.

I am an attorney licensed to practice law in the State of California. I am an

associate attorney with Jeffrey A. Lake, A.P.C., counsel of record for Plaintiff Paul D. Ceglia in
the above-captioned matter. I make this declaration based upon personal knowledge.
2.

On August 29, 2011 I sent an email to Bryan Rose, Esq. of Stroz Friedberg LLC,

Defendants’ expert, attaching consent forms for the acquisition and inspection of emails from
Paul Ceglia’s email accounts, as required by the Court’s August 18, 2011 Order (Doc. No. 117).
A true and correct copy of that email is attached hereto as Exhibit A.
3.

My email to Mr. Rose on August 29, 2011 was carbon copied only to my

supervising attorney Jeffrey A. Lake, Esq. and our client Paul Ceglia.

(See Exhibit A.)

Obviously, neither of these individuals would have disclosed Mr. Ceglia’s consent forms to
Defendants. As such, Stroz Friedberg must have sent the consent forms to Defendants on or
after August 29, 2011.

4.

On September 2, 2011 at 6:47 a.m. EST, 3:47 a.m. local time, I received an email

from Alexander H. Southwell, Esq., counsel of record for Defendants, informing me that he had
attached the consent forms to Defendants’ Motion to Compel. A true and correct copy of that
email is attached hereto as Exhibit B.
5.

At 10:12 a.m. EST, 7:12 a.m. local time, I emailed Paul Ceglia and informed him

that he needed to change his email passwords immediately. A true and correct copy of that email
is attached hereto as Exhibit C.
6.

At approximately 10:15 a.m. EST, 7:15 a.m. local time, I called the Clerk of

Court. The clerk to whom I spoke informed me that Defendants’ attorney Terry Flynn, Esq. had
called to have Mr. Southwell’s declaration and attached exhibits removed at approximately 7:40
a.m. EST.

I hereby certify and declare under penalty of perjury that the foregoing is true and accurate.
DATED: September 2, 2011
s/ Nathan Shaman____
Nathan A. Shaman

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