Ceglia v. Zuckerberg et al

Filing 153

REPLY/RESPONSE to re 152 Order on Motion to Compel filed by Paul D. Ceglia. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit A, # 4 Exhibit B, # 5 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 JEFFREY A. LAKE
I, Jeffrey A. Lake, Esq. submit this Declaration in opposition to the issuance of sanctions
and hereby declare:
1.

I am an attorney with the law firm of Lake, A.P.C., counsel for Plaintiff Paul D.

Ceglia. I am licensed to practice law before the courts of the state of California and the District
Court for the Western District of New York.
2.

On August 18, 2011 I informed Mr. Ceglia that the Court had ordered him to

produce, among other things, accounts and passwords for all email accounts he had used since
2003. Mr. Ceglia instructed me not to comply with this provision and to bring the issue before
District Judge Arcara.
3.

On August 26, 2011 I informed Mr. Ceglia of his continuing obligation to comply

with the Court’s August 18, 2011 Order (Doc. No. 117) (August 18 Order) by producing the
information concerning his email accounts by August 29, 2011.
4.

On August 27, 2011 I again informed Mr. Ceglia of his continuing duty regarding

his email accounts. Mr. Ceglia authorized us to provide his email account information on

modified versions of the consent form provided by Stroz Friedberg. The consent form was
rewritten to condition consent on resolution of the forthcoming objections to Magistrate Judge
Foschio’s August 18 Order.

I hereby certify and declare under penalty of perjury that the foregoing is true and accurate.
DATED: October 7, 2011
s/ Jeffrey A. Lake____
Jeffrey A. Lake

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