Ceglia v. Zuckerberg et al
DECLARATION signed by Gerald M. LaPorte re 237 Response in Opposition to Motion,,,, filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A)(Snyder, Orin)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
MARK ELLIOT ZUCKERBERG and
Civil Action No. 1:10-cv-00569-RJA
GERALD M. LAPORTE
I, Gerald M. LaPorte, am competent to testify to the matters set forth herein and make
this declaration of my own personal knowledge and belief.
I respectfully submit this declaration in support of Defendants' Omnibus
Opposition to Ceglia's Six Motions.
For my professional qualifications and resume, I respectfully refer the Court to
the Declaration I submitted in support of Defendants' Third Motion to Compel and for Other
Relief, filed on October 14, 2011.
I participated in Defendants' inspection of the Hard-Copy Documents on July
16, 2011, and on August 27, 2011.
This Declaration does not constitute an expert report on the results of my testing
and examinations. I will submit a report of those results to the Court when appropriate.
On the morning of July 16, 2011, I received for inspection a two-page document
titled "WORK FOR HIRE CONTRACT" (the "Work for Hire document"). I also received a sixpage document titled "StreetFax Back-End Technical Specification" (the "Technical
Prior to performing any examination of the Work for Hire document or the
Technical Specification, I captured high-resolution color digital photographs and scans of both
documents. True and correct copies of my initial scans are attached hereto as Exhibit A.
The Work for Hire document contained two areas of handwriting: a handwritten
interlineation and a set of two initials on page 1 and two signatures in the bottom right side of
Upon taking possession of the Work for Hire document on the morning of July
16, 2011, and before conducting any examinations, I immediately observed that the ink in the
handwritten areas on the Work for Hire document was noticeably faded.
I also observed that the paper on which the Work for Hire document was printed
was atypical. The paper appeared noticeably discolored, and both pages 1 and 2 were unusually
In contrast, the ink and paper of the Technical Specification did not exhibit any
obvious visible signs of deterioration or discoloration.
The last time I observed and scanned the Work for Hire document on August 27,
2011, which was the last day of Defendants' inspection of the Hard-Copy Documents, the
appearance of the ink and paper had not changed from the time I first observed and scanned it on
the morning of July 16, 2011, with the exception of sampling conducted by both parties' experts.
In the course of Defendants' examination, I and other experts used a Foster &
Freeman VSC-400. A Video Spectral Comparator (VSC) is standard digital imaging equipment
used in forensic document examinations. A VSC includes visible, ultraviolet and infrared light
sources, among others, the use of which is standard practice in the field of document
examination. A VSC is common laboratory equipment that has been used for decades by
thousands of examiners worldwide. I am not aware of any reports or documented findings that
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