Ceglia v. Zuckerberg et al

Filing 339

DECLARATION signed by Paul Ceglia re 317 Order on Motion to Compel filed by Paul D. Ceglia. (Boland, Dean)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA.'

Civil ,{ction No. : 1:10-cv-00569-RJA

Plaintiff'

..MPREHENST,R
DECI,ARATION

v.

OF PAUL CEGLIA REGABDING
AT . EMATL ACCOUNTS USED

MARK ELLIOT ZUCKERBERG, Individuaiiy,
FACEBOOK, INC.

and

srNCE 2003

Defendants.

DECLARANT, 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 foilowing is true and correct:

1. I rnake this declaration
2.

upon personal knowledge.

I have submitted two declarations in this matter that included listings of ernail
accounts I have used since 2003.

3.

The complete list of email accounts that I have used since 2003 is as foliows:

a.

[e-mail], provided

in

Declaration signed August 29,

2011.,

Attached as Exhibit A to this Declaration.

b.

[e-mail], provided in Declaration signed August Z9,%ALl..

c.

My parents Adelphia.net account which was used on one occasion to show

them how to send an email, prpvided in Declaration signed August 29,
2011.

d.

A Tmail account provided by T-Mobile for use on my then existing mobile
phone which account has not been used since 2005, provided in Deciaration
signed August 29,2A11.

e.

[e-mail], provided

in

Declaration signed February 22,

20L2, Attached to as Exhibit B to this Declaration.

f.

[e-mail], provided in Declaration signed February 22,2012.

g.

[e-mail], provided

in Deciaration signed Febrtary 22,

2012.

h.

[e-mail], provided in Declaration signed February 22,2A12.

i.

[e-mail], provided

in Declaration signed Februar y 22, 20tZ and

originally created by Mark Zuckerberg.

j.

[e-mail], provided in Declaration signed February 22,2A12
and originally created by Mark Zuckerberg.

4.

Defendants' experts have had access

to ail

computers

that I have in

possession, custody and control and have been produced pursuant

my

to this

court's order.

5.

Other than the computers thus far produced, I have no other sources of
information available to find any additionai email accounts used,

if

any, to

respond to the court's order.

6. I have no further knowledge at this time of any other email accounts I have
used since 2003.

I 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: March 29,20\2.

o

i)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
------------------------------------ x
:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
------------------------------------ x

Civil Action No. 1:10-cv-00569RJA

SUPPLEMENTAL DECLARATION OF PAUL D. CEGLIA
I, Paul D. Ceglia, submit this Declaration in compliance with the Court‟s August 18,
2011 Order (Doc. No. 117) and hereby declare:
1.

I make this declaration based upon personal knowledge.
CATEGORY (A)

2.

The follow list is organized by the name of the law firm or expert firm at which

the files listed are located.
Jeffrey A. Lake, A.P.C.
3.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

4.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Paul Argentieri & Associates
5.

Location: 188 Main Street, Hornell, New York 14843

6.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg_Contract_page1.tif”.

EXHIBIT A

7.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg_Contract_page2.tif”.
Connors & Vilardo, LLP
8.

Location: 424 Main Street, Buffalo, New York 14202

9.

PDF scan of copy of “„Work for Hire‟ Contract” executed by Paul Ceglia and

Mark Zuckerberg, dated April 28, 2003, that was attached to the original Complaint, filename:
“Contract.pdf”.
10.

PDF compilation, filename: “Ceglia.pdf”, containing (Note: some pages have

been redacted because they are irrelevant, proprietary, and/or not within the scope of Category
(A) of the Court‟s August 18, 2011 Order):
a. At pages 1-2: Scanned version attached to the complaint of the “„Work for
Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April
28, 2003.
b. At pages 3-4: Scanned version attached to the complaint of the “„Work for
Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April
28, 2003.
Kasowitz, Benson, Torres & Friedman LLP
11.

Location: 1633 Broadway, New York, New York 10019.

12.

Scanned version attached to the complaint of the “„Work for Hire‟ Contract”

executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Lawsuit
Overview.pdf”. Note: some pages have been redacted because they are irrelevant, proprietary,
and/or not within the scope of Category (A) of the Court‟s August 18, 2011 Order.

2

EXHIBIT A

DLA Piper
13.

Location: Various virtual and physical locations.

14.

It is my understanding that DLA Piper has in its possession electronic copies or

images of the “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated
April 28, 2003. (See Exhibit A to Declaration of Nathan Shaman, dated August 29, 2011.)
15.

It is my further understanding that these items were obtained previously by Stroz

Friedberg by copying my electronic media in the possession of Project Leadership Associates.
(See id.)
16.

It is my further understanding that identification and production of all items

responsive to Category (A) that are in the possession of DLA Piper would require an enormous
expenditure of time and money, and only would lead to the identification and production of items
already being produced with this declaration.
Edelson McGuire, LLP
17.

Locations: 350 North LaSalle, 13th Floor, Chicago, Illinois 60654; 5715 Firestone

Court, Sarasota, Florida 34238.
18.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout001.pdf”.
19.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout002.pdf”.
20.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout003.pdf”.
21.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout004.pdf”.

3

EXHIBIT A

22.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout005.pdf”.
23.

PowerPoint containing scan of portions of pages 1 and 2 of “„Work for Hire‟

Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename:
“facebook signatures.pptx”.
24.

PowerPoint containing scan of portions of pages 1 and 2 of “„Work for Hire‟

Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, original
filename: “facebook signatures.pptx”, new filename: “facebook signatures(2).pptx”.
Aginsky Forensic Document Dating Laboratory, Inc.
25.

Location: 6280 Heathfield Drive, East Lansing, Michigan 48823

26.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “WorkForHireContract_page1.psd”.
27.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “WorkForHireContract_page2.psd”.
Blanco & Associates, Inc.
28.

Location: 655 North Central Avenue, 17th Floor, Glendale, California 91203.

29.

It is my understanding that Blanco & Associates may have in its possession items

that are responsive to Category (A). (See Exhibit C to Declaration of Nathan Shaman, dated
August 29, 2011.)
30.

It is my further understanding that Blanco & Associates has refused to assist my

compliance with the August 18, 2011 Order due to an outstanding balance. (See id.)
31.

It is my further understanding that identification and production of all responsive

items in the possession of Blanco & Associates would require an enormous expenditure of time

4

EXHIBIT A

and money, and only would lead to the identification and production of items already being
produced with this declaration.
Capsicum Group, LLC
32.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
33.

It is my understanding that Capsicum may have in its possession items that are

responsive to Category (A). (See Exhibit D to Declaration of Nathan Shaman, dated August 29,
2011.)
34.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum would require an enormous expenditure of time and money,
and only would lead to the identification and production of items already being produced with
this declaration.
Osborn & Son
35.

Location: 1273 Bound Brook Road, Suite 15, Middlesex, New Jersey 08846

36.

It is my understanding that Osborn & Son may have in its possession items that

are responsive to Category (A).
37.

It is my further understanding that John Paul Osborn has been unavailable to

assist me in my efforts thus far.
Project Leadership Associates
38.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

39.

It is my understanding that PLA may have in its possession items that are

responsive to Category (A). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)

5

EXHIBIT A

40.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Speckin Forensic Laboratories
41.

Location: 2400 Science Parkway, Suite 200, Okemos, Michigan 48864

42.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout001.pdf”.
43.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout002.pdf”.
44.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout003.pdf”.
45.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout004.pdf”.
46.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “VSC Printout005.pdf”.
Stewart Forensic Consultants, LLC
47.

Location: 793A East Foothill Boulevard, Suite 200, San Luis Obispo, California

48.

Scan of faxed copy of “StreetFax Back-End Technical Specification” signed by

93405

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Street Fax
Specifications.pdf”. Note: This document is hereby designated as confidential pursuant to the
Joint Stipulated Protective Order.

6

EXHIBIT A

49.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Contract page1.tif”.
50.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Contract page2.tif”.
51.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Untitled-1.tif”.
52.

Scan of back of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “Untitled-2.tif”.
53.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “Untitled-3.tif”.
54.

Scan of back of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “Untitled-4.tif”.
55.

Scan of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “q1.tif”.
56.

Scan of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark

Zuckerberg, dated April 28, 2003, filename: “q1_0002.tif”.
57.

PDF compilation containing Items 44-45, filename: “q1_0004.pdf”. Note: some

pages have been redacted because they are irrelevant, proprietary, and/or not within the scope of
Category (A) of the Court‟s August 18, 2011 Order.
58.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “051.tif”.
59.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “052.tif”.

7

EXHIBIT A

60.

Scan of portion of page 2 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “053.tif”.
61.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “054.tif”.
62.

Scan of portion of page 1 of “„Work for Hire‟ Contract” executed by Paul Ceglia

and Mark Zuckerberg, dated April 28, 2003, filename: “055.tif”.
Sylint Group, Inc.
63.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

64.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (A). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
65.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
66.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already produced to Stroz
Friedberg.
CATEGORY (B)
Jeffrey A. Lake, A.P.C.
67.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

68.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Paul Argentieri & Associates

8

EXHIBIT A

69.

Location: 188 Main Street, Hornell, New York 14843

70.

Microsoft Word document entitled, “„Work for Hire‟ Contract,” filename: “Work

for Hire ContractMZ.doc”.
71.

Microsoft Word document entitled, “Street Fax,” filename: “work for hire SF

template.doc”. Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
Connors & Vilardo, LLP
72.

Location: 424 Main Street, Buffalo, New York 14202

73.

PDF compilation, filename: “Ceglia.pdf”, containing (Note: some pages have

been redacted because they are irrelevant, proprietary, and/or not within the scope of Category
(B) of the Court‟s August 18, 2011 Order):
a. At pages 5-10: Scan of faxed copy of “StreetFax Back-End Technical
Specification” signed by Paul Ceglia and Mark Zuckerberg, dated April 28,
2003. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
b. At pages 11-16: Scan of faxed copy of “StreetFax Back-End Technical
Specification” signed by Paul Ceglia and Mark Zuckerberg, dated April 28,
2003. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
c. At pages 17-22: Scan of “StreetFax Back-End Technical Specification” signed
by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.

9

EXHIBIT A

d. At pages 23-25: Scan of “Street Fax” contract apparently executed by Randy
Kato on May 5, 2003.

Note: This document is hereby designated as

confidential pursuant to the Joint Stipulated Protective Order.
e. At page 26: Scan of unexecuted “Agreed upon Contract Points for StreetFax,
Inc.” Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
f. At page 27: Scan of unexecuted “Confidentiality Agreement”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
g. At pages 28-31: Scan of unexecuted “Exhibit B Sales Representative
Contract”. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
h. At page 33: Scan of untitled document apparently executed by Paul Ceglia on
November 20, 2003, Sandor Sienkiewicz on an unknown date, and Teddy
Sienkiewicz on November 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
i. At page 34: Scan of untitled document apparently executed by Paul Ceglia on
November 20, 2003, Sandor Sienkiewicz on an unknown date, and Teddy
Sienkiewicz on November 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
j. At page 35: Scan of untitled, unexecuted document. Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.

10

EXHIBIT A

k. At page 36: Scan of untitled document apparently executed by Paul Ceglia on
November 20, 2003, Sandor Sienkiewicz on an unknown date, and Teddy
Sienkiewicz on November 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
l. At pages 37 - 40: Scan of “Sales Representative Agreement” apparently
executed by Paul Ceglia on November 10, 2003 and [illegible] on November
10, 2003. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
m. At page 41: Scan of page 1 of “Sales Representative Agreement”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
n. At pages 42-45: Scan of unexecuted “Exhibit B Sales Representative
Contract”. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
o. At pages 46-47: Scan of unexecuted “Confidentiality Agreement”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
p. At pages 63-70: Scan of pages 1-8 of “Operating Agreement for StreetFax
LLC”. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
q. At pages 71-74: Scan of unexecuted “Exhibit B Sales Representative
Contract”. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.

11

EXHIBIT A

r. At pages 76-86: Scan of “Operating Agreement for StreetFax LLC”
apparently executed by Karin Petersen on November 20, 2003 and Teddy
Sienkiewicz on November 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
s. At pages 87-88: Scan of unexecuted “Loan Agreement”.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
t. At pages 89-90: Scan of unexecuted “StreetFax LLC. Promissory Note”.
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
u. At pages 91-96: Scan of unexecuted “Operating Agreement for StreetFax
LLC”. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
v. At pages 97-100: Scan of unexecuted “Exhibit B Sales Representative
Contract”. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
w. At pages 101-102: Scan of unexecuted “Confidentiality Agreement”. Note:
This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
x. At pages 118-125: Scan of pages 1-8 of “Operating Agreement for StreetFax
LLC”. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.

12

EXHIBIT A

y. At pages 126-129: Scan of unexecuted “Exhibit B Sales Representative
Contract”. Note: This document is hereby designated as confidential pursuant
to the Joint Stipulated Protective Order.
z. At pages 131-141: Scan of “Operating Agreement for StreetFax LLC”
apparently executed by Karin Petersen on November 20, 2003 and Teddy
Sienkiewicz on November 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
aa. At pages 142-143: Scan of unexecuted “Loan Agreement”.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
bb. At pages 144-145: Scan of unexecuted “StreetFax LLC. Promissory Note”.
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
cc. At pages 146-151: Scan of unexecuted “Operating Agreement for StreetFax
LLC”. Note: This document is hereby designated as confidential pursuant to
the Joint Stipulated Protective Order.
dd. At page 152: Scan of “Agreed upon Contract Points for Kapasate, Inc.”
apparently executed by Paul Ceglia, Teddy Sienkiewicz, Karin Petersen, and
Sandor Sienkewicz, and notarized by Diane M. Galloway.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ee. At

pages

153-155:

Scan

of

“Acknowledgement

Form

for

Consultants/Independent Contracts, Temporary and Leased Workers”

13

EXHIBIT A

apparently executed by Sandor Sienkiewicz on February 19, 2003 and
apparently witnessed by Paul Ceglia on February 19, 2003.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ff. At

pages

156-158:

Scan

of

“Acknowledgement

Form

for

Consultants/Independent Contracts, Temporary and Leased Workers”
apparently executed by Teddy Sienkiewicz on February 19, 2003 and
apparently witnessed by Paul Ceglia on February 19, 2003.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
gg. At page 159: Scan of “Agreed upon Contract Points for Kapasate, Inc.”
apparently executed by Paul Ceglia, Teddy Sienkiewicz, Karin Petersen, and
Sandor Sienkiewicz, and notarized by Diane M. Galloway.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
hh. At page 160: Scan of “Release Form” with printed name of Teddy
Sienkiewicz.

Note: This document is hereby designated as confidential

pursuant to the Joint Stipulated Protective Order.
ii. At pages 160-161: Scan of handwritten “Agreed upon Contract Points for
Kapasate”.

Note: This document is hereby designated as confidential

pursuant to the Joint Stipulated Protective Order.
jj. At

page

162:

Scan

of

email

from

[e-mail]

to

[e-mail], dated December 15, 2003, containing text of

14

EXHIBIT A

“Confidentiality Agreement”. Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
kk. At pages 163-165: Scan of pages 2-4 of unexecuted “Exhibit B Sales
Representative Contract”.

Note: This document is hereby designated as

confidential pursuant to the Joint Stipulated Protective Order.
ll. At pages 167-170: Scan of “Consulting/Sales Representative Agreement”
apparently executed by Paul Ceglia on December 29, 2003 and William
Schellinger on December 20, 2003.

Note: This document is hereby

designated as confidential pursuant to the Joint Stipulated Protective Order.
mm.

At pages 172-173: Scan of “Agreed upon Contract Points for StreetFax

LLC.” apparently executed by Paul Ceglia, Teddy Sienkiewicz, Karin
Petersen, and Sandor Sienkiewicz, and apparently witnessed by Julie HorvathKrol and [illegible] Dylewska. Note: This document is hereby designated as
confidential pursuant to the Joint Stipulated Protective Order.
nn. At page 174: Scan of untitled document apparently executed by Paul Ceglia
on November 4, 2004 and Kala Pierson on February 11, 2004. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
oo. At page 205: Scan of unexecuted “Release Form”. Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.

15

EXHIBIT A

pp. At page 206: Scan of unexecuted “Release Form”. Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
qq. At page 207: Scan of unexecuted “Release Form” with printed name of
Sandor Sienkiewicz and numerous interlineations. Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
rr. At page 208-209: Scan of unexecuted “Acknowledgement Form for
Consultants/Independent Contractors, Temporary and Leased Workers”.
Note: This document is hereby designated as confidential pursuant to the Joint
Stipulated Protective Order.
ss. At page 210: Scan of unexecuted “Release Form” with printed name of Teddy
Sienkiewicz and numerous interlineations. Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
tt. At page 211: Scan of “Release Form” with printed name of Teddy
Sienkiewicz, and apparently signed by Teddy Sienkiewicz on February 15,
2003 and Paul Ceglia on February 15, 2003. Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
uu. At page 212: Scan of “Release Form” with printed name of Sandor
Sienkiewicz, and apparently signed by Sandor Sienkiewicz on February 14,
2003 and Paul Ceglia on February 14, 2003. Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.

16

EXHIBIT A

vv. At page 213: Scan of last page of “aplus.net Dedicated Server Terms and
Conditions” apparently executed by Paul Ceglia on June 2, 2004. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated
Protective Order.
ww.

At page 214: Scan of “aplus.net Acceptable Use Policy” apparently

executed by Paul Ceglia on June 2, 2004. Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
xx. At page 215: Scan of different “aplus.net Acceptable Use Policy” apparently
executed by Paul Ceglia on June 2, 2004. Note: This document is hereby
designated as confidential pursuant to the Joint Stipulated Protective Order.
yy. At page 216-217: Scan of “aplus.net Dedicated Server Terms and Conditions”
apparently executed by Paul Ceglia on June 2, 2004. Note: This document is
hereby designated as confidential pursuant to the Joint Stipulated Protective
Order.
Kasowitz, Benson, Torres & Friedman LLP
74.

Location: 1633 Broadway, New York, New York 10019.

75.

Scan of page 1 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0001.tif”.
76.

Scan of page 2 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0002.tif”.

17

EXHIBIT A

DLA Piper
77.

Location: Various virtual and physical locations.

78.

It is my understanding that DLA Piper has in its possession electronic versions of

the “„Work for Hire‟ Contract” executed by Paul Ceglia and Mark Zuckerberg, dated April 28,
2003. (See Exhibit A to Declaration of Nathan Shaman, dated August 29, 2011.);
79.

It is my further understanding that these items were obtained previously by Stroz

Friedberg by copying my electronic media in the possession of Project Leadership Associates.
(See id.)
80.

It is my further understanding that identification and production of all items

responsive to Category (B) that are in the possession of DLA Piper would require an enormous
expenditure of time and money, and only would lead to the identification and production of items
already being produced with this declaration.
Edelson McGuire, LLP
81.

Locations: 350 North LaSalle, 13th Floor, Chicago, Illinois 60654; 5715 Firestone

Court, Sarasota, Florida 34238.
82.

Scan of page 1 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0001.tif”.
83.

Scan of page 2 of purported “Street Fax” contract apparently executed by Paul

Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Scan0002.tif”.

18

EXHIBIT A

Blanco & Associates, Inc.
84.

Location: 655 North Central Avenue, 17th Floor, Glendale, California 91203.

85.

It is my understanding that Blanco & Associates may have in its possession items

that are responsive to Category (B). (See Exhibit C to Declaration of Nathan Shaman, dated
August 29, 2011.)
86.

It is my further understanding that Blanco & Associates has refused to assist my

compliance with the August 18, 2011 Order due to an outstanding balance. (See id.)
87.

It is my further understanding that identification and production of all responsive

items in the possession of Blanco & Associates would require an enormous expenditure of time
and money, and only would lead to the identification and production of items already being
produced with this declaration.
Capsicum Group, LLC
88.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
89.

It is my understanding that Capsicum may have in its possession items that are

responsive to Category (B). (See Exhibit D to Declaration of Nathan Shaman, dated August 29,
2011.)
90.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum would require an enormous expenditure of time and money,
and only would lead to the identification and production of items already being produced with
this declaration.

19

EXHIBIT A

Project Leadership Associates
91.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

92.

It is my understanding that PLA may have in its possession items that are

responsive to Category (B). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)
93.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Stewart Forensic Consultants, LLC
94.

Location: 793A East Foothill Boulevard, Suite 200, San Luis Obispo, California

95.

Scan of faxed copy of “StreetFax Back-End Technical Specification” signed by

93405

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “Zuckerberg Street Fax
Specifications.pdf”. Note: This document is hereby designated as confidential pursuant to the
Joint Stipulated Protective Order.
96.

Scan of page 1 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2.tif”.

Note: This

document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
97.

Scan of back of page 1 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0001.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.

20

EXHIBIT A

98.

Scan of page 2 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0002.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
99.

Scan of back of page 2 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0003.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
100.

Scan of page 3 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0004.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
101.

Scan of back of page 3 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0005.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
102.

Scan of page 4 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0006.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
103.

Scan of back of page 4 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0007.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
104.

Scan of page 5 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0008.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.

21

EXHIBIT A

105.

Scan of back of page 5 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0009.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
106.

Scan of page 6 of “StreetFax Back-End Technical Specification” executed by

Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0010.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
107.

Scan of back of page 6 of “StreetFax Back-End Technical Specification” executed

by Paul Ceglia and Mark Zuckerberg, dated April 28, 2003, filename: “q2_0011.tif”. Note: This
document is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
108.

PDF compilation of Items 37-48, filename: “q2_0012.pdf”. Note: This document

is hereby designated as confidential pursuant to the Joint Stipulated Protective Order.
Sylint Group, Inc.
109.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

110.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (B). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
111.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
112.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already produced to Stroz
Friedberg.

22

EXHIBIT A

CATEGORY (C)
Jeffrey A. Lake, A.P.C.
113.

Location: 835 5th Avenue, Suite 200A, San Diego, California 92101

114.

It is my understanding that Lake, A.P.C. is in possession of copies of all of the

documents listed below, which are being produced along with this declaration.
Kasowitz, Benson, Torres & Friedman LLP
115.

Location: 1633 Broadway, New York, New York 10019.

116.

Email from [e-mail] to [e-mail], dated March 3, 2004,

filename: “page 1 of 2 for Streetfax contract w mark.msg”.
117.

Email from [e-mail] to [e-mail], dated March 3, 2004,

filename: “2 of 2 for streetfax contract.msg”.
DLA Piper
118.

Location: Various virtual and physical locations.

119.

It is my understanding that DLA Piper does not have in its possession electronic

versions of any emails or purported emails by and among Mark Zuckerberg, myself and/or other
persons associated with Street Fax. (See Exhibit A to Declaration of Nathan Shaman, dated
August 29, 2011.)
Capsicum Group, LLC
120.

Location: The Cira Centre, 2929 Arch Street, Suite 1525, Philadelphia,

Pennsylvania 19104.
121.

It is my understanding that Capsicum Group, LLC may have in its possession

items that are responsive to Category (C). (See Exhibit D to Declaration of Nathan Shaman,
dated August 29, 2011.)

23

EXHIBIT A

122.

It is my further understanding that identification and production of all responsive

items in the possession of Capsicum Group, LLC would require an enormous expenditure of
time and money, and only would lead to the identification and production of items already being
produced with this declaration.
Project Leadership Associates
123.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

124.

It is my understanding that PLA may have in its possession items that are

responsive to Category (C). (See Exhibit E to Declaration of Nathan Shaman, dated August 29,
2011.)
125.

It is my further understanding that identification and production of all responsive

items in the possession of PLA would require an enormous expenditure of time and money, and
only would lead to the identification and production of items already being produced with this
declaration. (See id.)
Sylint Group, Inc.
126.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

127.

It is my understanding that Sylint may have in its possession items that are

responsive to Category (C). (See Exhibit B to Declaration of Nathan Shaman, dated August 29,
2011.)
128.

It is my further understanding that all of these items are contained on the forensic

images already provided to Stroz Friedberg. (See id.)
129.

It is my further understanding that identification and production of all responsive

items in the possession of Sylint would require an enormous expenditure of time and money, and

24

EXHIBIT A

only would lead to the identification and production of items already produced to Stroz
Friedberg.
CATEGORY (D)
130.

After a diligent search and a reasonable inquiry, I have not been able to locate any

responsive items in my possession, custody, or control.
CATEGORY (E)
Gigaware USB Device, 20051942520C8D20CDB2&O
131.

Upon information and belief, I was in possession of this media device in 2010.

132.

Upon information and belief, the link files referenced in items 76-90 of the Stroz

Friedberg Presumed Relevant Materials Log refer to files I copied to this media device in July
2010.
133.

Furthermore, it is my understanding that the access dates for this media device

correspond to the dates on which those link files were created on my Toshiba laptop because the
drive was first accessed on the Toshiba on June 17, 2010 and later accessed on the Toshiba on
September 16, 2010.
134.

“Zuckerberg Contract page1.tif” was a scan of the first page of my “„Work for

Hire‟ Contract” with Mark Zuckerberg that I made several days before the original complaint
was filed. (See Declaration of Paul Argentieri, dated August 29, 2011.) Several copies of this
file are being produced along with this declaration.
135.

“Zuckerberg Contract page2.tif” was a scan of the second page of my “„Work for

Hire‟ Contract” with Mark Zuckerberg that I made several days before the original complaint
was filed. (See id.) Several copies of this file are being produced along with this declaration.

25

EXHIBIT A

136.

Upon information and belief, the files “DOC212.pdf,” “DOC213.pdf,”

“DOC214.pdf,” “DOC215.pdf,” and “DOC221.pdf” were PDF files of documents related to (1)
filings made prior to removal of this case to federal court or (2) filings from Facebook, Inc. v.
ConnectU, Inc. (Civ. No. 07-01389, N.D. Cal.) and related litigation.
137.

After a diligent search and reasonable inquiry of my attorneys, experts, and

family, I am unable to locate this media device in my possession, custody, or control.
Maxtor 3200 USB Device 604010193447&0
138.

It is my understanding that this media device was produced to Stroz Friedberg for

inspection at the offices of Sylint Group, Inc. in Sarasota, Florida on July 15, 2011.
139.

It is my further understanding that the internal identifier of this hard drive is

604010193447&0.
140.

It is my further understanding that the external identifier, contained on the hard

drive enclosure, is L42PMZBG.
141.

In my declaration of July 15, 2011 (Doc. No. 88), I identified this hard drive by its

external identifier, listed above.
SanDisk Cruzer Micro USB Device, 200524439016A86122A2&O
142.

It is my understanding that this media device was first accessed on my Toshiba

laptop on July 22, 2009 and later accessed on December 22. 2010.
143.

It is my further understanding that there is a record of access to this device on my

parents‟ loose Seagate hard drive on September 29, 2010.
144.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I am unable to locate this media device in my
possession, custody, or control.

26

EXHIBIT A

USB 2.0 USB Flash Drive USB Device, 76562f5793a65e&o
145.

The Presumed Relevant Materials Logs produced by Stroz Friedberg indicate that

the only computer to which this media device was connected was my one of my parents‟
computers.
146.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.
Ut165 USB2 FlashStorage USB Device, 00000000000069&0
147.

It is my understanding that this device was first accessed by one of my parents‟

computers on May 5, 2010.
148.

The Presumed Relevant Materials Logs produced by Stroz Friedberg indicate that

the only computer to which this media device was connected was one of my parents‟ computers.
149.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.
Kingston DataTraveler 2.0 USB Device, 5B8407000A4B&O
150.

The Presumed Relevant Materials Logs produced by Stroz Friedberg indicate that

the only computer to which this media device was connected was one of my parents‟ computers.
151.

I do not recall using this media device, and after a diligent search and reasonable

inquiry of my attorneys, experts, and family, I cannot locate it in my possession, custody, or
control.

27

EXHIBIT A

CATEGORY (F)
Sylint Group, Inc.
152.

Location: 240 N. Washington Boulevard, Suite 240, Sarasota, Florida 34236

153.

One (1) Seagate 120GB internal hard drive SN: 3JT1JQF6

154.

One (1) Maxtor 300GB external USB drive SN: L42PMZBG

155.

Five (5) 3.5” floppy disks

156.

Twelve (12) CDs/DVDs

157.

All of the above were produced for inspection on July 15, 2011.
Project Leadership Associates

158.

Location: 120 South LaSalle, Suite 1200, Chicago, Illinois 60603

159.

One (1) Toshiba laptop SN: 69500395Q

160.

169 3.5” floppy disks

161.

1,075 CDs/DVDs

162.

An electronic image of one (1) Seagate 120GB internal hard drive SN: 3JT1JQF6

163.

All of the above were produced for inspection on July 15, 2011, except the image

of the Seagate hard drive, which was produced for inspection on July 18, 2011.
Carmen and Vera Ceglia
164.

Location: Wellsville, New York

165.

One (1) Compaq SR5000 computer SN: 3CR8190BXZ with Samsung hard drive,

SN: S19JJ1DQ400135
166.

One (1) Acer computer with Hitachi hard drive, SN: GEK834RBUWEP2A

167.

The Compaq computer was produced for inspection on July 15, 2011.

28

EXHIBIT A

168.

The Acer computer was produced for inspection on July 19, 2011.
Paul Ceglia

169.

Location: Ireland

170.

An electronic image of one (1) Maxtor 300GB external USB drive SN:

L42PMZBG
171.

This image is an exact duplicate of the Maxtor hard drive produced for inspection

on July 15, 2011 and therefore will not be produced. (See August 18, 2011 Order at 3, ¶ 3.)
CATEGORY (G)
172.

The only items responsive to this Category are identified above under Category

(E).
CERTIFICATION OF PRODUCTION
173.

I hereby certify that all files, computers, and electronic media identified above are

being produced to Defendants on August 29, 2011, with the exception of those files named in the
Privilege Log produced with this declaration.
IDENTIFICATION OF EMAIL ACCOUNTS
Gmail
174.

Email account: [e-mail]

175.

Password: 69qwerty
MSN

176.

Email account: [e-mail]

177.

Password: godislogic

29

EXHIBIT A

Adelphia
178.

I have not used, since 2003, an Adelphia.net email account that belongs to me.

179.

The Adelphia.net account I used in the past belonged to my parents.
Tmail

180.

Tmail was an email account provided by T-Mobile for use on the original T-

Mobile Sidekick smart phone.
181.

This account was accessible directly from the Sidekick.

182.

I do not know how to access this account, and I have not used this account since

2005.
The Native Emails Attached to the Amended Complaint
183.

I continue to certify that I performed a diligent search for and reasonable inquiry

as to the native emails attached to the Amended Complaint, and I have produced all electronic
media that might contain such files.

I hereby certify and declare under penalty of perjury that the foregoing is true and accurate.
DATED: August 29, 2011
s/ Paul Ceglia
Paul D. Ceglia

30

EXHIBIT A

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 B

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 B

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 B