Ceglia v. Zuckerberg et al

Filing 256

REPLY to Response to Motion re 213 MOTION for Sanctions Notice of Motion for Sanctions for Spoliation of Facebook Contract by Defendants Regarding ungloved handling of Facebook Contract filed by Paul D. Ceglia. (Attachments: # 1 Certificate of Service, # 2 Exhibit A)(Boland, Dean)

LIST OF OCCASIONS BY DATE AND TIME, FOR THE FIRST TWO DAYS OF
EXAMINATION ONLY, OF FACEBOOK EXPERTS INTENTIONALLY
SPOLIATING THE FACEBOOK CONTRACT

July 14, 2011
Time: 11:05:50-11:08:17 Expert Romano seen touching his face and rubbing his
gloved hand on his chin under his mouth and on his mouth
11:12 Same expert noted above then holds the Facebook Contract with these now
dirty gloves.
12:21:40 Romano Romano, puts his gloves on and coughs into his gloves two times
and then touches his face
12:28:47-12:29:14 Expert Tytell touches his face with gloves on near his mouth then
grabs the Facebook Contract
12:37:52-12:38:20 Expert Tytell, without gloves, walks over and touches the
Facebook Contract
Approximately 13:20 Expert Tytell types on his computer with his gloves on
13:47:11 Expert Romano takes his gloves off
13:47:52 Expert Romano without gloves on touches the face of the Facebook
Contract
13:48:06 Expert Romano, without gloves on, wipes his nose and then touches the
Facebook Contract
14:00:51-14:00:55 Expert Romano touches document with bare hands again

EXHIBIT A

14:32:28 Expert Romano touches many documents and moves them around with no
gloves
17:51:16 Expert Tytell TNG touching Facebook Contract with no gloves
17:53:03-12 Expert Tytell touching Facebook Contract with no gloves
17:53:59 Expert Tytell touching Facebook Contract with no gloves
17:54:05 Expert Tytell touching Facebook Contract with no gloves
17:54:18 Expert Tytell touching Facebook Contract with no gloves
17:54:39 Expert Tytell touching Facebook Contract with no gloves
17:54:43 Expert Tytell touching Facebook Contract with no gloves
17:56:17 Expert Tytell touching Facebook Contract with no gloves
17:57:29-17:57:46 Expert Tytell touching Facebook Contract with no gloves
17:59:22 UV light on, Expert Tytell touching Facebook Contract with no gloves
17:59:51 Expert Tytell touching Facebook Contract with no gloves
18:06:45-18:06:56 Expert Tytell touching Facebook Contract with no gloves
18:07:29-18:07:56 Expert Tytell touching Facebook Contract with no gloves
18:08:18-18:09:17 Expert Tytell touching Facebook Contract with no gloves
18:09:37 UV light on, Expert Tytell using goggles and still no gloves
18:10:39 Expert Tytell touching Facebook Contract with no gloves
18:14:44 Expert Tytell touching Facebook Contract with no gloves
18:16:05 Expert Tytell touching Facebook Contract with no gloves
18:17:07 Expert Tytell touching Facebook Contract with no gloves
18:17:47 Expert Tytell touching Facebook Contract with no gloves
EXHIBIT A

18:17:58 Expert Tytell touching Facebook Contract with no gloves
18:18:34 Expert Tytell touching Facebook Contract with no gloves
18:22:34-18:33:46 Expert Tytell touching Facebook Contract with no gloves
18:23:16 Expert Tytell touching Facebook Contract with no gloves
18:27:53 Expert Tytell comes back over and grabs gloves and puts them on
17:51:16 to 18:27:53 Expert Tytell does not have gloves on and touches the Facebook
Contract at least 30 times, Romano touches the Facebook Contract at least 4 times
July 15, 2011
11:36:14-11:36:26 Expert Tytell TNG touching doc
11:42:23 Expert Tytell touching Facebook Contract with no gloves
11:43:06 Expert Tytell touching Facebook Contract with no gloves
11:43:11 Expert Tytell touching Facebook Contract with no gloves
11:43:25 Expert Tytell touching Facebook Contract with no gloves
11:43:26 Expert Tytell touching Facebook Contract with no gloves
11:44:30 Expert Tytell touching Facebook Contract with no gloves
11:48:09 Expert Tytell touching Facebook Contract with no gloves
11:49:22 Expert Tytell touching Facebook Contract with no gloves
11:49:34 Expert Tytell touching Facebook Contract with no gloves
11:43:25 Expert Tytell touching Facebook Contract with no gloves
11:50 and on Expert Tytell touching Facebook Contract with no gloves
11:52:53 and on Expert Tytell touching Facebook Contract with no gloves
11:53:42-11:59 Expert Tytell touching Facebook Contract with no gloves till he
EXHIBIT A

leaves room
12:37.15 Expert Tytell touching Facebook Contract with no gloves
12:52 Expert Tytell has returned to wearing gloves
14:53:24 Expert Lesnevich touching Facebook Contract with no gloves
14:54:04-15:03:37 Expert Lesnevich touching Facebook Contract with no gloves
15:03:45 Expert Lesnevich touching Facebook Contract with no gloves takes a page
and sets it on top of desktop computer hard drive
16:13:37 Expert Lesnevich comes to end of table and touches Facebook Contract
without gloves
16:13:43 Signal from Assistant Cody to stop and put on gloves so Expert Lesnevich,
goes off camera and throws Cody a pair of gloves and then put his gloves on with his
back to the camera 16:14:06
17:07:27-17:07:29 Expert Tytell touching Facebook Contract with no gloves
17:08:30 Expert Tytell now has gloves on
Approximately 19:30 Blanco takes his gloves off
19:38:34 Blanco barely touches the corner of a document
19:46:30-19:47:39 Blanco touches the software specification document without
gloves.

EXHIBIT A