Ceglia v. Zuckerberg et al

Filing 279

REPLY to Response to Motion re 231 MOTION for Temporary Restraining Order Notice of Motion MOTION for Sanctions Notice of Motion filed by Paul D. Ceglia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Boland, Dean)

www.bolandlegal.com

where law and technology converge

[e-mail]

November 30, 2011
The Honorable Leslie G. Foschio
United States Magistrate Judge
United States District Court
Western District of New York
U.S. Courthouse
2 Niagara Square
Buffalo, New York 14202
Re:

Ceglia v. Zuckerberg and Facebook, 1:10-cv-569

Dear Judge Foschio:
I received a copy of the letter sent by Defendants’ counsel, Mr. Snyder, which was
sent to your office yesterday afternoon.
Within ten minutes of receiving the email with that letter attached, I called both
Mr. Snyder and Mr. Southwell for clarification as the letter did not explicitly same,
simply, that they would preserve the copies in possession of Parmet and Associates,
the key issue in the TRO motion pending before this court.
I also emailed both defense counsel seeking the same clarification and noting that
the court’s staff informed me they would not be at the court to receive and review
my correspondence after 5:00 pm EST.
At 5:02 pm, Mr. Southwell responded to my request for clarification indicating, still
vaguely, but more clearly than the previous letter, that Defendants and their
counsel would seek return of the copies of Zuckerberg’s computers now in the
possession of Parmet and Associates and that they would preserve those copies
along with the originals until further order of this court.
I sent a reply to Mr. Southwell to his 5:02 PM email reflecting that although his
assurance was again not as direct as it should have been it was my understanding
they would preserve the copies and the originals of Mr. Zuckerberg’s computers that
18123 Sloane Avenue - Lakewood, OH 44107
P [phone] F [phone]

EXHIBIT A

www.bolandlegal.com

where law and technology converge

[e-mail]

were used for, among other things, electronic communication while he was a
freshman and thereafter at Harvard. Ceglia will file a separate motion to insure
that Parmet and Associates is ordered to preserve its records of copying of those
Electronic Assets - the hash value for all copies made - to enable Ceglia to confirm
that the originals in possession of defendants match the hash values of the copies
made by Parmet and Associates.
With that assurance, I do not believe there remains a need to brief or hold any
hearings on the issues related to the TRO portion of my motion. However, as I
noted on the phone during the most recent phone conference with opposing counsel
and the court, my client is not withdrawing his request for sanctions for fraud on
the Defendants and defense counsel, with this one clarification.
In the filed and pending motion for sanctions, it was made clear that at that point,
Mr. Ceglia’s information was that only the Orrick Law Firm knew about the
existence of these Electronic Assets as Mr. Snyder had represented to this court in
the November 23, 2011 phone conference that he had “no idea” what we were
talking about. I explained during that November 23, 2011 phone conference that
Plaintiff was seeking to preserve “copies of five computers used by Zuckerberg while
at Harvard that were currently being held by Parmet and Associates in the
ConnectU case.” Mr. Snyder and Mr. Southwell continued to disclaim any
knowledge of what I was speaking about throughout that conference call.
Hence, the motion for sanctions singled out Defendants and their counsel, The
Orrick Law Firm. However, the most recent phone conference with opposing
counsel, Oren Snyder, and this court, Mr. Snyder shockingly admitted that he knew
that the copies of the five Zuckerberg computers existed at the beginning of this
litigation. As such, the motion for sanctions for fraud must, unfortunately, move
forward regarding all Defendants, Defense counsel Snyder and Southwell as well as
the Orrick Law Firm.

18123 Sloane Avenue - Lakewood, OH 44107
P [phone] F [phone]

EXHIBIT A

www.bolandlegal.com

where law and technology converge

[e-mail]

Sincerely,

Dean Boland

18123 Sloane Avenue - Lakewood, OH 44107
P [phone] F [phone]

EXHIBIT A