Ceglia v. Zuckerberg et al

Filing 296

DECLARATION signed by Alexander H. Southwell re 294 Fifth MOTION to Compel and For Other Relief filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Snyder, Orin)

Download PDF
EXHIBIT M From: Dean Boland Sent: Thursday, February 16, 2012 10:09:12 PM (UTC-05:00) Eastern Time (US & Canada) To: Southwell, Alexander Cc: Paul Argentieri Subject: Re: Correspondence from Alex Southwell Alex: A full response to this spurious attempt to manufacture claimed non-compliance is coming. But, as an initial matter, I was the one who told you about the email accounts that my client did not conceal (which implies he knew about them and failed to disclose) but had no memory of even creating or using. In addition, to set the record straight, I asked you on two occasions over the last week to provide these consent forms with no response from you. Any delay in obtaining these consents signed by my client is caused by you. Nonetheless, they have already been sent to him and I anticipate a quick turnaround on their execution. I will address your panicked claims of inappropriate privilege claims in detail in the next few days. As for Mr. Ceglia's needing to provide yet another declaration, you have failed to specify what information, from his personal knowledge, that he has failed to provide in a prior declaration. Here, I will bold this so you perhaps do not miss it this time and can really focus on the words, they do, after all, carry meaning: Mr. Ceglia has no personal knowledge now, and had no personal knowledge at any time that Jason Holmberg retained any documents relevant to this case. He cannot, therefore, sign a declaration based upon his personal knowledge. He can, of course, sign a declaration as to any number of things that other people told him. However, I don't believe such a declaration is proper as the purpose of declarations is for the person declaring something, to be declaring it from personal knowledge. So, to wrap up, if you want a declaration from Mr. Ceglia NOT based on his personal knowledge, please so state. Dean. On Thu, Feb 16, 2012 at 9:23 PM, Benjamin, Matthew J. <MBenjamin@gibsondunn.com> wrote: Mr. Boland: Please find attached correspondence from Alex Southwell. Regards, Matthew J. Benjamin GIBSON DUNN 1 Gibson, Dunn & Crutcher LLP 200 Park Avenue, New York, NY 10166-0193 Tel +1 212.351.4079 • Fax +1 212.351.6279 MBenjamin@gibsondunn.com • www.gibsondunn.com This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error and then immediately delete this message. ________________________________ -Dean Boland Owner/Member Boland Legal, LLC 18123 Sloane Avenue Lakewood, Ohio 44107 216.236.8080 ph 866.455.1267 fax dean@bolandlegal.com 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?