Ceglia v. Zuckerberg et al

Filing 139

DECLARATION signed by Alexander H. Southwell re 137 Response in Opposition to Motion, filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Redacted), # 3 Exhibit C)(Snyder, Orin)

EXHIBIT B

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-00569RJA

SUPPLEMENTAL DECLARATION OF PAUL D. CEGLIA
I, Paul D. Ceglia, submit this Declaration in compliance with the Court‟s August 18,
2011 Order (Doc. No. 117) and hereby declare:
1.

I make this declaration based upon personal knowledge.
CATEGORY (A)

2.

The follow list is organized by the name of the law firm or expert firm at which

the files listed are located.
Jeffrey A. Lake, A.P.C.
3.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

4.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Paul Argentieri & Associates
5.

Location: 188 Main Street, Hornell, New York 14843

6.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg_Contract_page1.tif”.

7.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg_Contract_page2.tif”.
Connors & Vilardo, LLP
8.

Location: 424 Main Street, Buffalo, New York 14202

9.

PDF scan of copy of “„Work for Hire‟ Contract” executed by Paul Ceglia and

Mark Zuckerberg, dated April 28, 2003, that was attached to the original Complaint, filename:
“Contract.pdf”.
10.

PDF compilation, filename: “Ceglia.pdf”, containing (Note: some pages have

been redacted because they are irrelevant, proprietary, and/or not within the scope of Category
(A) of the Court‟s August 18, 2011 Order):
a. At pages 1-2: Scanned version attached to the complaint of the “„Work for
Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April
28, 2003.
b. At pages 3-4: Scanned version attached to the complaint of the “„Work for
Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April
28, 2003.
Kasowitz, Benson, Torres & Friedman LLP
11.

Location: 1633 Broadway, New York, New York 10019.

12.

Scanned version attached to the complaint of the “„Work for Hire‟ Contract”

executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Lawsuit
Overview.pdf”. Note: some pages have been redacted because they are irrelevant, proprietary,
and/or not within the scope of Category (A) of the Court‟s August 18, 2011 Order.

2

DLA Piper
13.

Location: Various virtual and physical locations.

14.

It is my understanding that DLA Piper has in its possession electronic copies or

images of the “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated
April 28, 2003. (See Exhibit A to Declaration of Nathan Shaman, dated August 29, 2011.)
15.

It is my further understanding that these items were obtained previously by Stroz

Friedberg by copying my electronic media in the possession of Project Leadership Associates.
(See id.)
16.

It is my further understanding that identification and production of all items

responsive to Category (A) that are in the possession of DLA Piper would require an enormous
expenditure of time and money, and only would lead to the identification and production of items
already being produced with this declaration.
Edelson McGuire, LLP
17.

Locations: 350 North LaSalle, 13th Floor, Chicago, Illinois 60654; 5715 Firestone

Court, Sarasota, Florida 34238.
18.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout001.pdf”.
19.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout002.pdf”.
20.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout003.pdf”.
21.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout004.pdf”.

3

22.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout005.pdf”.
23.

PowerPoint containing scan of portions of pages 1 and 2 of “„Work for Hire‟

Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename:
“facebook signatures.pptx”.
24.

PowerPoint containing scan of portions of pages 1 and 2 of “„Work for Hire‟

Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, original
filename: “facebook signatures.pptx”, new filename: “facebook signatures(2).pptx”.
Aginsky Forensic Document Dating Laboratory, Inc.
25.

Location: 6280 Heathfield Drive, East Lansing, Michigan 48823

26.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “WorkForHireContract_page1.psd”.
27.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “WorkForHireContract_page2.psd”.
Blanco & Associates, Inc.
28.

Location: 655 North Central Avenue, 17th Floor, Glendale, California 91203.

29.

It is my understanding that Blanco & Associates may have in its possession items

that are responsive to Category (A). (See Exhibit C to Declaration of Nathan Shaman, dated
August 29, 2011.)
30.

It is my further understanding that Blanco & Associates has refused to assist my

compliance with the August 18, 2011 Order due to an outstanding balance. (See id.)
31.

It is my further understanding that identification and production of all responsive

items in the possession of Blanco & Associates would require an enormous expenditure of time

4

and money, and only would lead to the identification and production of items already being
produced with this declaration.
Capsicum Group, LLC
32.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
33.

It is my understanding that Capsicum may have in its possession items that are

responsive to Category (A). (See Exhibit D to Declaration of Nathan Shaman, dated August 29,
2011.)
34.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum would require an enormous expenditure of time and money,
and only would lead to the identification and production of items already being produced with
this declaration.
Osborn & Son
35.

Location: 1273 Bound Brook Road, Suite 15, Middlesex, New Jersey 08846

36.

It is my understanding that Osborn & Son may have in its possession items that

are responsive to Category (A).
37.

It is my further understanding that John Paul Osborn has been unavailable to

assist me in my efforts thus far.
Project Leadership Associates
38.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

39.

It is my understanding that PLA may have in its possession items that are

responsive to Category (A). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)

5

40.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Speckin Forensic Laboratories
41.

Location: 2400 Science Parkway, Suite 200, Okemos, Michigan 48864

42.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout001.pdf”.
43.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout002.pdf”.
44.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout003.pdf”.
45.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout004.pdf”.
46.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout005.pdf”.
Stewart Forensic Consultants, LLC
47.

Location: 793A East Foothill Boulevard, Suite 200, San Luis Obispo, California

93405
48.

Note: This document is hereby designated as confidential pursuant to the
Joint Stipulated Protective Order.

6

49.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Contract page1.tif”.
50.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Contract page2.tif”.
51.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Untitled-1.tif”.
52.

Scan of back of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “Untitled-2.tif”.
53.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Untitled-3.tif”.
54.

Scan of back of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “Untitled-4.tif”.
55.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “q1.tif”.
56.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “q1_0002.tif”.
57.

PDF compilation containing Items 44-45, filename: “q1_0004.pdf”. Note: some

pages have been redacted because they are irrelevant, proprietary, and/or not within the scope of
Category (A) of the Court‟s August 18, 2011 Order.
58.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “051.tif”.
59.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “052.tif”.

7

60.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “053.tif”.
61.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “054.tif”.
62.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “055.tif”.
Sylint Group, Inc.
63.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

64.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (A). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
65.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
66.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already produced to Stroz
Friedberg.
CATEGORY (B)
Jeffrey A. Lake, A.P.C.
67.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

68.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Paul Argentieri & Associates

8

69.

Location: 188 Main Street, Hornell, New York 14843

70.

Microsoft Word document entitled, “„Work for Hire‟ Contract,” filename: “Work

for Hire ContractMZ.doc”.
71.
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
Connors & Vilardo, LLP
72.

Location: 424 Main Street, Buffalo, New York 14202

73.

PDF compilation, filename: “Ceglia.pdf”, containing (Note: some pages have

been redacted because they are irrelevant, proprietary, and/or not within the scope of Category
(B) of the Court‟s August 18, 2011 Order):
a. At pages 5-10:

Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
b. At pages 11-16:

Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
c. At pages 17-22:
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.

9

d. At pages 23-25:
Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
e. At page 26:
Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
f. At page 27:

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
g. At pages 28-31:
Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
h. At page 33:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
i. At page 34:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
j. At page 35:

Note: This document is

hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.

10

k. At page 36:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
l. At pages 37 - 40:

Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
m. At page 41:

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
n. At pages 42-45:
Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
Note: This

o. At pages 46-47:

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
p. At pages 63-70:
Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
q. At pages 71-74:
Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.

11

r. At pages 76-86:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
Note: This

s. At pages 87-88:

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
t. At pages 89-90:
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
u. At pages 91-96:
Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
v. At pages 97-100:
Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
Note:

w. At pages 101-102:

This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
x. At pages 118-125:
Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.

12

y. At pages 126-129:
Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
z. At pages 131-141:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
Note: This

aa. At pages 142-143:

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
bb. At pages 144-145:
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
cc. At pages 146-151:
Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
dd. At page 152:

Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ee. At

pages

153-155:

13

Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ff. At

pages

156-158:

Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
gg. At page 159:

Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
hh. At page 160:
Note: This document is hereby designated as confidential
pursuant to the Joint Stipulated Protective Order.
ii. At pages 160-161:
Note: This document is hereby designated as confidential
pursuant to the Joint Stipulated Protective Order.
jj. At

page

162:

14

Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
kk. At pages 163-165:
Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
ll. At pages 167-170:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
mm.

At pages 172-173:

Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
nn. At page 174:
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
oo. At page 205:

Note: This document is

hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.

15

pp. At page 206:

Note: This document is

hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
qq. At page 207:
Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
rr. At page 208-209:

Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
ss. At page 210:
Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
tt. At page 211:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
uu. At page 212:

Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.

16

vv. At page 213:
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ww.

At page 214:
Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
xx. At page 215:
Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
yy. At page 216-217:
Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
Kasowitz, Benson, Torres & Friedman LLP
74.

Location: 1633 Broadway, New York, New York 10019.

75.

Scan of page 1 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0001.tif”.
76.

Scan of page 2 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0002.tif”.

17

DLA Piper
77.

Location: Various virtual and physical locations.

78.

It is my understanding that DLA Piper has in its possession electronic versions of

the “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28,
2003. (See Exhibit A to Declaration of Nathan Shaman, dated August 29, 2011.);
79.

It is my further understanding that these items were obtained previously by Stroz

Friedberg by copying my electronic media in the possession of Project Leadership Associates.
(See id.)
80.

It is my further understanding that identification and production of all items

responsive to Category (B) that are in the possession of DLA Piper would require an enormous
expenditure of time and money, and only would lead to the identification and production of items
already being produced with this declaration.
Edelson McGuire, LLP
81.

Locations: 350 North LaSalle, 13th Floor, Chicago, Illinois 60654; 5715 Firestone

Court, Sarasota, Florida 34238.
82.

Scan of page 1 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0001.tif”.
83.

Scan of page 2 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0002.tif”.

18

Blanco & Associates, Inc.
84.

Location: 655 North Central Avenue, 17th Floor, Glendale, California 91203.

85.

It is my understanding that Blanco & Associates may have in its possession items

that are responsive to Category (B). (See Exhibit C to Declaration of Nathan Shaman, dated
August 29, 2011.)
86.

It is my further understanding that Blanco & Associates has refused to assist my

compliance with the August 18, 2011 Order due to an outstanding balance. (See id.)
87.

It is my further understanding that identification and production of all responsive

items in the possession of Blanco & Associates would require an enormous expenditure of time
and money, and only would lead to the identification and production of items already being
produced with this declaration.
Capsicum Group, LLC
88.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
89.

It is my understanding that Capsicum may have in its possession items that are

responsive to Category (B). (See Exhibit D to Declaration of Nathan Shaman, dated August 29,
2011.)
90.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum would require an enormous expenditure of time and money,
and only would lead to the identification and production of items already being produced with
this declaration.

19

Project Leadership Associates
91.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

92.

It is my understanding that PLA may have in its possession items that are

responsive to Category (B). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)
93.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Stewart Forensic Consultants, LLC
94.

Location: 793A East Foothill Boulevard, Suite 200, San Luis Obispo, California

93405
95.

Note: This document is hereby designated as confidential pursuant to the
Joint Stipulated Protective Order.
96.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
97.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.

20

98.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
99.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
100.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
101.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
102.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
103.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
104.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.

21

105.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
106.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
107.
Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
Note: This document

108.

is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
Sylint Group, Inc.
109.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

110.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (B). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
111.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
112.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already produced to Stroz
Friedberg.

22

CATEGORY (C)
Jeffrey A. Lake, A.P.C.
113.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

114.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Kasowitz, Benson, Torres & Friedman LLP
115.

Location: 1633 Broadway, New York, New York 10019.

116.

Email from [e-mail] to [e-mail], dated March 3, 2004,

filename: “page 1 of 2 for Streetfax contract w mark.msg”.
117.

Email from [e-mail] to [e-mail], dated March 3, 2004,

filename: “2 of 2 for streetfax contract.msg”.
DLA Piper
118.

Location: Various virtual and physical locations.

119.

It is my understanding that DLA Piper does not have in its possession electronic

versions of any emails or purported emails by and among Mark Zuckerberg, myself and/or other
persons associated with Street Fax. (See Exhibit A to Declaration of Nathan Shaman, dated
August 29, 2011.)
Capsicum Group, LLC
120.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
121.

It is my understanding that Capsicum Group, LLC may have in its possession

items that are responsive to Category (C). (See Exhibit D to Declaration of Nathan Shaman,
dated August 29, 2011.)

23

122.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum Group, LLC would require an enormous expenditure of
time and money, and only would lead to the identification and production of items already being
produced with this declaration.
Project Leadership Associates
123.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

124.

It is my understanding that PLA may have in its possession items that are

responsive to Category (C). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)
125.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Sylint Group, Inc.
126.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

127.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (C). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
128.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
129.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and

24

only would lead to the identification and production of items already produced to Stroz
Friedberg.
CATEGORY (D)
130.

After a diligent search and a reasonable inquiry, I have not been able to locate any

responsive items in my possession, custody, or control.
CATEGORY (E)
Gigaware USB Device, 20051942520C8D20CDB2&O
131.

Upon information and belief, I was in possession of this media device in 2010.

132.

Upon information and belief, the link files referenced in items 76-90 of the Stroz

Friedberg Presumed Relevant Materials Log refer to files I copied to this media device in July
2010.
133.

Furthermore, it is my understanding that the access dates for this media device

correspond to the dates on which those link files were created on my Toshiba laptop because the
drive was first accessed on the Toshiba on June 17, 2010 and later accessed on the Toshiba on
September 16, 2010.
134.

“Zuckerberg Contract page1.tif” was a scan of the first page of my “„Work for

Hire‟ Contract” with Mark Zuckerberg that I made several days before the original complaint
was filed. (See Declaration of Paul Argentieri, dated August 29, 2011.) Several copies of this
file are being produced along with this declaration.
135.

“Zuckerberg Contract page2.tif” was a scan of the second page of my “„Work for

Hire‟ Contract” with Mark Zuckerberg that I made several days before the original complaint
was filed. (See id.) Several copies of this file are being produced along with this declaration.

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136.

Upon information and belief, the files “DOC212.pdf,” “DOC213.pdf,”

“DOC214.pdf,” “DOC215.pdf,” and “DOC221.pdf” were PDF files of documents related to (1)
filings made prior to removal of this case to federal court or (2) filings from Facebook, Inc. v.
ConnectU, Inc. (Civ. No. 07-01389, N.D. Cal.) and related litigation.
137.

After a diligent search and reasonable inquiry of my attorneys, experts, and

family, I am unable to locate this media device in my possession, custody, or control.
Maxtor 3200 USB Device 604010193447&0
138.

It is my understanding that this media device was produced to Stroz Friedberg for

inspection at the offices of Sylint Group, Inc. in Sarasota, Florida on July 15, 2011.
139.

It is my further understanding that the internal identifier of this hard drive is

604010193447&0.
140.

It is my further understanding that the external identifier, contained on the hard

drive enclosure, is L42PMZBG.
141.

In my declaration of July 15, 2011 (Doc. No. 88), I identified this hard drive by its

external identifier, listed above.
SanDisk Cruzer Micro USB Device, 200524439016A86122A2&O
142.

It is my understanding that this media device was first accessed on my Toshiba

laptop on July 22, 2009 and later accessed on December 22. 2010.
143.

It is my further understanding that there is a record of access to this device on my

parents‟ loose Seagate hard drive on September 29, 2010.
144.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I am unable to locate this media device in my
possession, custody, or control.

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USB 2.0 USB Flash Drive USB Device, 76562f5793a65e&o
145.

146.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.
Ut165 USB2 FlashStorage USB Device, 00000000000069&0
147.

It is my understanding that this device was first accessed by one of my parents‟

computers on May 5, 2010.
148.

149.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.
Kingston DataTraveler 2.0 USB Device, 5B8407000A4B&O
150.

151.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.

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CATEGORY (F)
Sylint Group, Inc.
152.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

153.

One (1) Seagate 120GB internal hard drive SN: 3JT1JQF6

154.

One (1) Maxtor 300GB external USB drive SN: L42PMZBG

155.

Five (5) 3.5” floppy disks

156.

Twelve (12) CDs/DVDs

157.

All of the above were produced for inspection on July 15, 2011.
Project Leadership Associates

158.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

159.

One (1) Toshiba laptop SN: 69500395Q

160.

169 3.5” floppy disks

161.

1,075 CDs/DVDs

162.

An electronic image of one (1) Seagate 120GB internal hard drive SN: 3JT1JQF6

163.

All of the above were produced for inspection on July 15, 2011, except the image

of the Seagate hard drive, which was produced for inspection on July 18, 2011.
Carmen and Vera Ceglia
164.

Location: Wellsville, New York

165.

One (1) Compaq SR5000 computer SN: 3CR8190BXZ with Samsung hard drive,

SN: S19JJ1DQ400135
166.

One (1) Acer computer with Hitachi hard drive, SN: GEK834RBUWEP2A

167.

The Compaq computer was produced for inspection on July 15, 2011.

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168.

The Acer computer was produced for inspection on July 19, 2011.
Paul Ceglia

169.

Location: Ireland

170.

An electronic image of one (1) Maxtor 300GB external USB drive SN:

L42PMZBG
171.

This image is an exact duplicate of the Maxtor hard drive produced for inspection

on July 15, 2011 and therefore will not be produced. (See August 18, 2011 Order at 3, ¶ 3.)
CATEGORY (G)
172.

The only items responsive to this Category are identified above under Category

(E).
CERTIFICATION OF PRODUCTION
173.

I hereby certify that all files, computers, and electronic media identified above are

being produced to Defendants on August 29, 2011, with the exception of those files named in the
Privilege Log produced with this declaration.
IDENTIFICATION OF EMAIL ACCOUNTS
Gmail
174.

Email account:

175.

Password:
MSN

176.

Email account:

177.

Password:

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Adelphia
178.

I have not used, since 2003, an Adelphia.net email account that belongs to me.

179.

The Adelphia.net account I used in the past belonged to my parents.
Tmail

180.

Tmail was an email account provided by T-Mobile for use on the original T-

Mobile Sidekick smart phone.
181.

This account was accessible directly from the Sidekick.

182.

I do not know how to access this account, and I have not used this account since

2005.
The Native Emails Attached to the Amended Complaint
183.

I continue to certify that I performed a diligent search for and reasonable inquiry

as to the native emails attached to the Amended Complaint, and I have produced all electronic
media that might contain such files.

I hereby certify and declare under penalty of perjury that the foregoing is true and accurate.
DATED: August 29, 2011
s/ Paul Ceglia
Paul D. Ceglia

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