Ceglia v. Zuckerberg et al

Filing 310

RESPONSE in Opposition re 294 Fifth MOTION to Compel and For Other Relief filed by Paul D. Ceglia. (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)(Boland, Dean)

UI{ITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D'

CEGLIA'

ci'iiActionNo.:1:10-cv-00b6e-ItIA

Piaintiff'

pECr,ARATroN
OF PAUL CEGLIA BEGARNING

v.

RECENTLYDISCOVERED

EMAILACCOUNTS

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.

DECLARAI{T, submits this declaration and hereby declares under penalty of

perjury and pursuant to 28 U.S.C. 1746 and under the laws of the United States
that the following is true and correct:

1. I make this declaration upon personal knowledge.
2. I

was recently made aware of add.itional email accounts accessed from a

computer analyzed by Defendants' electronic discovery firm.

3.

At the time of completing any prior declarations, I did not recall the existence
of any of these email accounts, otherwise, they would have been disclosed in
those declarations per the court's orders. These emai.l accounts were not
concealed from anyone by their omi.ssion from prior declarations.

4.

At the time of the frling of any prL, d"eclarations regarding email accounts, I
did not recall creating or using the following email accounts:

a.

[e-mail]

EXHIBIT F

b.

[e-mail]

c.

[e-mail]

d.

[e-mail]

e.

[e-mail]

f.

[e-mail]

5.

Immediately upon being informed of the existence of the accounts listed in a-d
above, and being provided consent forms for aceessing same,

I completed

those

consent forms, signed them and returned them to my lawyer, Dean Boland.

6.

The email addresses in e and f above, were created by Defendant Zuckerberg.

7.

Upon recalling those email accounts in e and

f above, I immediately disclosed

that fact to my counsel who disclosed that tact to Defendants' counsel. I have
no belief that any data related to those two accounts

8.

The email addresses

in e and f

still exists.

above, were hosted

by a server used for

operating the streetfax business.

9.

To the best of my recollection, the vendor providing that server space was
called ServPath.

10.

The streetfax business was shut down sometime in 2006.

11. The hosting of those email accounts on those servers would have been
terminated in conjunction with the close of the business.

12. My counsel has communicated to Defendants' counsel the historical

existence

of these additional email accounts that Defendant Zuckerberg created.

13. He has also offered that I will sign any consent forms Defendants' deem
2

EXHIBIT F

necessary to attempt to recover any data from these email accounts.

14. He has'also offered that Plaintiff will consent to the issuance of a subpoena to
whatever entity Defendants' believe may retain the data related

to

the

accounts in e and f.

15. It is my understanding the signed consent forms for accounts in a-d were
provided to Defendants' counsel immediateiy after receipt by my lawyer.

16. I

do not have any recollection at this time of any additional email accounts

may have created and or used other than those already disclosed

I

to

Defendants.

I hereby and hereby declare under penalty

of perjury and pursuant to

28

U.S.C. 1746 and under the laws of the United States that the following is true and
correct:

DATED: February 22, 2AL2.

ul Ceglia

3

EXHIBIT F