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)

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. <[e-mail]> wrote:
Mr. Boland:
Please find attached correspondence from Alex Southwell.
Regards,
Matthew J. Benjamin

GIBSON DUNN
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