Ceglia v. Zuckerberg et al

Filing 232

MEMORANDUM IN SUPPORT re 231 MOTION for Temporary Restraining Order Notice of Motion MOTION for Sanctions Notice of Motion byPaul D. Ceglia. (Attachments: # 1 Certificate of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Boland, Dean)

11/25/11

Gmail - Preservation of Evidence related to Facebook case in the Federal Court for the Western Distri…

Dean Boland <[e-mail]>

Preservation of Evidence related to Facebook
case in the Federal Court for the Western District
of New York.
1 message
Dean Boland <[e-mail]>
Wed, Nov 23, 2011 at 9:34 PM
To: [e-mail]
Cc: Alexander Southwell <[e-mail]>, Oren Snyder
<[e-mail]>, Paul Argentieri <[e-mail]>
Bcc: Paul Ceglia <[e-mail]>
Mr. Parmet:
I am counsel for Paul Ceglia in a lawsuit in which Facebook and Mark Zuckerberg are
defendants. I am aware that you, at one time, created mirror image copies of several
computers as part of your involvement in the ConnectU v. Facebook, Zuckerberg case. I am
also aware that your handling of those forensic copies is governed by a court order in that
case.
That order seems to indicate that eventually, although it has possibly already happened,
those forensic copies are to be "erased" and/or "scrubbed" as the order states it. However,
one of the legal issues in play in the Ceglia lawsuit now pending in the Federal Court for the
Western District of New York, is evidence of electronic communication between Ceglia and
Zuckerberg.
To that end, I am inquiring whether it is now futile for Mr. Ceglia to seek preservation of
those forensic copies of hard drives you originally created in the ConnectU case as they
have already been "erased" or "scrubbed" by you or your agents, employees, etc. per the
court's order. Or, are those forensic copies still intact awaiting some further action or court
order, etc. before you will feel authorized to "erase" or "scrub" them per the order?
Please advise as it my client's belief there is relevant and discoverable evidence related to
his case on those forensic copies and he will be filing a Motion for a Temporary Restraining
Order in some fashion to attempt to preserve that evidence.
Thank you.
Dean Boland.
-Dean Boland
EXHIBIT K, PAGE 1
https://mail.google.com/mail/?ui=2&ik=b614a0d4c7&view=pt&q=parmet&qs=true&search=query&th=13…

1/2

11/25/11

Gmail - Preservation of Evidence related to Facebook case in the Federal Court for the Western Distri…

Owner/Member
Boland Legal, LLC
18123 Sloane Avenue
Lakewood, Ohio 44107
216.236.8080 ph
866.455.1267 fax
[e-mail]
Please note, I typically only review my emails once daily. If there is something urgent in any
email, please do not hesitate to contact my office at 216-236-8080.

EXHIBIT K, PAGE 2
https://mail.google.com/mail/?ui=2&ik=b614a0d4c7&view=pt&q=parmet&qs=true&search=query&th=13…

2/2