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 I

ENCLOSURES

From: Dean Boland
Sent: Monday, January 09, 2012 9:56:22 PM (UTC-05:00) Eastern Time (US & Canada)
To: Southwell, Alexander
Cc: Paul Argentieri
Subject: RE: Subpoenas to my client's parents

Alex:
I don't represent them. Paul Ceglia can object to a variety of things.
Where is the motion to dismiss? We can't wait much longer without moving the court for regular discovery
which the court clearly indicated it was favorable to.
I want to give you guys a fair shot to file it given you've undoubtedly promised your clients you would file it
and win it.
I think we and the court are trying to help you and Orin out of this little corner you've painted yourself into with
the year of fraud dismissal proclamations.
But, we all need to bring this case in for trial soon. Time is running out.
Let me know if you need anything from us to help you work with your client about the realities here. I have no
reason to think you're not a smart lawyer. You know how this is going to end at trial.
Dean.
Dean Boland
Owner/Member
Boland Legal, LLC
[e-mail]
216.236.8080
From: Southwell, Alexander
Sent: Monday, January 09, 2012 9:24 PM
To: 'Dean Boland'; Paul Argentieri
Subject: RE: Subpoenas to my client's parents

Mr. Boland:
Your January 2, 2012 email indicated that with regard to service of the subpoena to Carmine Ceglia, “we are not going to
contest that at this time.” Since the only attorney who could contest service of a subpoena on a third-party is one
representing that third-party, we reasonably believed you were informing us that you were representing Carmine Ceglia
for purposes of the subpoena. If you are not, we will work directly with Carmine Ceglia although the lack of counsel
assisting in the endeavor may delay full compliance with the Court’s expedited discovery orders.
Thanks
Alex
1

From: Dean Boland
Sent: Thursday, January 05, 2012 10:33:02 PM (UTC-05:00) Eastern Time (US & Canada)
To: Southwell, Alexander
Cc: Dean Boland; Paul Argentieri
Subject: Re: Subpoenas to my client's parents

On Thursday, January 5, 2012, Southwell, Alexander <[e-mail]> wrote:
> Mr. Boland:
>
>
>
> As you know, the Court’s November 3, 2011 Order authorizes Defendants to issue subpoenas to the
“owner(s) or registrant(s) of the [e-mail] account” and “to obtain content from Adelphia by
providing consent from the owner(s) or registrant(s) of the [e-mail] account.” The subpoena you
refer to below was served on Mr. Carmine Ceglia as the registered owner of the [e-mail]
account. That subpoena was left at Carmine Ceglia’s residence and sent by certified mail after multiple
attempts at personal in-hand service, in accordance with the requirements of the Federal Rules. As you know,
we also provided you and Mr. Argentieri with a courtesy copy by electronic mail.
>
> Based on your email below, we understand that you represent Carmine Ceglia in connection with this matter;
I do not represent Carmine Ceglia. Nothing I have said gives any reasonable person that impression. I have
given you his travel plans as a courtesy.
that you will not contest the validity of service of the subpoena on his behalf; and that Carmine Ceglia intends
to comply with the subpoena as soon as he returns to the country. Please clarify if that understanding is not
correct. Please also confirm the date by which Carmine Ceglia intends to comply. As you know, the
subpoena’s return date was Monday, January 2, 2011.
>
>
>
> Alex

From: Southwell, Alexander
Sent: Thursday, January 05, 2012 10:26 PM
To: Dean Boland; Paul Argentieri
Cc: Snyder, Orin
Subject: RE: Subpoenas to my client's parents

Mr. Boland:
As you know, the Court’s November 3, 2011 Order authorizes Defendants to issue subpoenas to the “owner(s) or
registrant(s) of the [e-mail] account” and “to obtain content from Adelphia by providing consent from the
owner(s) or registrant(s) of the [e-mail] account.” The subpoena you refer to below was served on Mr.
Carmine Ceglia as the registered owner of the [e-mail] account. That subpoena was left at Carmine Ceglia’s
residence and sent by certified mail after multiple attempts at personal in-hand service, in accordance with the
requirements of the Federal Rules. As you know, we also provided you and Mr. Argentieri with a courtesy copy by
electronic mail.
2

Based on your email below, we understand that you represent Carmine Ceglia in connection with this matter; that you
will not contest the validity of service of the subpoena on his behalf; and that Carmine Ceglia intends to comply with the
subpoena as soon as he returns to the country. Please clarify if that understanding is not correct. Please also confirm
the date by which Carmine Ceglia intends to comply. As you know, the subpoena’s return date was Monday, January 2,
2011.
Alex
From: Dean Boland [mailto:[e-mail]]
Sent: Monday, January 02, 2012 3:09 PM
To: Southwell, Alexander; Paul Argentieri
Subject: Subpoenas to my client's parents

Alex:
My client's parents had a subpoena from you taped to the door of their residence in New York about a week
ago. However, I have been informed that my client's parents have been out of the country for about a month. It
is further my understanding that they are not due to return until next week.
I don't believe taping to their door is valid service, but we are not going to contest that at this time. I am just
informing you that I fully expect my client's parents will certainly promptly comply with the subpoena upon
their return to the country.
Dean.
-Dean Boland
Owner/Member
Boland Legal, LLC
18123 Sloane Avenue
Lakewood, Ohio 44107
216.236.8080 ph
866.455.1267 fax
[e-mail]
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.

3