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 - Evidence destruction relevant to Ceglia case.

Dean Boland <[e-mail]>

Evidence destruction relevant to Ceglia case.
1 message
Dean Boland <[e-mail]>
Wed, Nov 23, 2011 at 4:52 PM
To: [e-mail]
Cc: Oren Snyder <[e-mail]>, Alexander Southwell
<[e-mail]>, Paul Argentieri <[e-mail]>
Bcc: Paul Ceglia <[e-mail]>
Ms. Simpson:
As counsel for Mr. Zuckerberg and Facebook in the Ceglia case, you are aware of your duty
to preserve discoverable evidence for Mr. Ceglia's case. Your firm is also counsel for
Facebook and Zuckerberg in the ConnectU case out of the District Court of Massachusetts.
It has come to my attention that there are at least five computers associated with Defendant
Zuckerberg copies of which are being held by Parmet and Associates in Potomac Maryland.
Those computers along with others, are referenced for your convenience in the attached
order from the ConnectU case. It is further my understanding that these computers contain
evidence of electronic communications by your client, Mr. Zuckerberg, from the 2003-2004
period while he was a Harvard student. As you know, the existence and authenticity of
emails and other electronic communications and evidence is an ongoing evidentiary matter
in the Ceglia case.
I have also attached copies of emails from lawyers at your firm seeking to confirm
destruction of those materials. Destruction of evidence relevant to the Ceglia case is, of
course, a violation of the litigation hold duty that both parties and their counsel have in this
case or any federal case.
As part of your responsibility to preserve evidence in this case, I am reminding you to take
all steps necessary to preserve the evidence now in the possession of Parmet and
Associates including the computers listed on the attached order from the ConnectU case.
For your convenience, the contact information for the computer expert currently retaining
this relevant and discoverable evidence is
Jeff Parmet and Associates LLC
9920 Potomac Manors Drive
Potomac, MD 20854
Phone: [phone]
Facsimile: 240.465.4442
Email: [e-mail]

EXHIBIT H, PAGE 1
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11/25/11

Gmail - Evidence destruction relevant to Ceglia case.

These items will be the subject of a request for a temporary restraining order to be filed
shortly in the Ceglia matter.
I believe it would a violation of your duty embedded in the litigation hold for your firm to urge
anyone in any case to destroy evidence that is potentially relevant and discoverable in this
case.
If you have any questions about this email, please call me at your earliest convenience. As
of 4:37pm this evening, I have also left a message on your voicemail asking you to contact
me about this urgent matter.
Dean Boland.
-Dean Boland
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 H, PAGE 2
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