Ceglia v. Zuckerberg et al

Filing 334

DECLARATION signed by Amanda M. Aycock re 318 MOTION to Dismiss 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)(Snyder, Orin)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
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Civil Action No. 1:10-cv-00569-RJA
DECLARATION OF
AMANDA M. AYCOCK IN
SUPPORT OF DEFENDANTS’
MOTION TO DISMISS

I, AMANDA M. AYCOCK, hereby declare under penalty of perjury that the following is
true and correct:
1.

I am an attorney licensed to practice law in the State of New York. I am an

associate attorney at the law firm of Gibson, Dunn & Crutcher LLP (“Gibson Dunn”), counsel of
record for Mark Elliot Zuckerberg and Facebook, Inc. (“Facebook”) in the above-captioned
matter. I make this declaration, based on personal knowledge, in support of Defendants’ Motion
to Dismiss.
2.

Specifically, this declaration attaches, and contains descriptions of, three

documents that Plaintiff Paul Ceglia has designated as “Confidential – Subject to Protective
Order,” pursuant to the Joint Stipulated Protective Order entered by this Court on July 13, 2011
(“Protective Order”) (Doc. No. 86). Material that has been designated as “Confidential” by
Ceglia has been redacted in the publicly-filed version of this declaration.

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3.

One week after Paul Ceglia and Mark Zuckerberg signed the StreetFax Contract

on April 28, 2003, Ceglia entered into a different agreement with another individual. The

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formatting and content of that contemporaneous contract corroborate the authenticity of the
StreetFax Contract and further demonstrate that the Work for Hire Document is forged.
4.

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A true and correct copy of

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is attached hereto as Exhibit A.
5.

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8.

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9.

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Street
Fax LLC did not exist in April 2003. It was not created until August 2003. See Henne Decl.
(Doc. No. 49-9), Ex. I (StreetFax LLC Articles of Organization).

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“StreetFax Back-End Technical Specification”
10.

On July 14, 2011, Plaintiff produced two documents for Defendants’ inspection

pursuant to the Hard-Copy Document Inspection Protocol (Doc. No. 84). One of these
documents was a six-page document entitled, “StreetFax Back-End Technical Specification,”
dated April 28, 2003. A true and correct copy of this document is attached hereto as Exhibit B.

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11.

Stroz Friedberg found evidence that a hex editor or similar tool was used on the

Ceglia Media to alter electronic documents. A hex editor is a type of program that allows a user
to edit the binary contents of a file, which is the raw data that makes up a file, rather than the text
of the file. Hex editors often are used to create fraudulent electronic documents because they
allow for the manipulation of data at a level that makes traditional digital forensic analysis of the
alterations to the document more difficult, if not impossible, to detect. See Report of Stroz
Friedberg, LLC (Ex. A to the Declaration of Alexander H. Southwell dated March 26, 2012)
(“Stroz Friedberg Report”) at 41.
12.

Several electronic documents produced by Ceglia show the use of a hex editor.

See id. at 41.
13.

14.

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These documents were saved in file folders called

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See Stroz Friedberg Report at 41. REDACTED

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