Ceglia v. Zuckerberg et al
Filing
397
MEMORANDUM IN SUPPORT re 396 MOTION for Discovery Notice of Motion For Discovery of Harvard emails byPaul D. Ceglia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Boland, Dean)
5/30/12
Gmail ‑ Discovery
Dean Boland
Discovery
EXHIBIT B
Southwell, Alexander
Thu, May 24, 2012 at 2:42 PM
To: Dean Boland
Cc: "Snyder, Orin" , Paul Argentieri , "Sanford Dumain
(SDumain@milberg.com)" , "jyoung@milberg.com" , "Peter
Skivington (peter@jsklaw.com) (peter@jsklaw.com)" , "Robert Calihan
(rcalihan@calihanlaw.com)"
Mr. Boland:
We have reviewed your May 22nd email regarding Defendants’ production of emails from Mr.
Zuckerberg’s Harvard email account. Your stated objections are baseless. Defendants’ production
fully satisfies the Court’s July 1, 2011 Order (Doc. No. 83).
Your email describes two purported deficiencies.
First, you note that the earliest email in the production is dated June 2, 2003. Because the parties
“signed an agreement” in late April 2003, you assert that it is “not believable that your client and
mine did not correspond via email before June 2, 2003.” You also assert that Defendants’
production should contain emails from Mr. Zuckerberg to your client “after November 2003,”
merely because “there is significant work that Zuckerberg did for my client well into 2004.”
These objections cannot have been made in good faith. To begin, you advance no factual basis
whatsoever for either purported deficiency. You do not allege the existence of any specific email (1)
dated before June 2, 2003, or (2) sent by Mr. Zuckerberg to your client after November 2003, that
was not included in Defendants’ production. Furthermore, your client’s own email production does
not include any emails before June 2, 2003. Finally, Defendants’ production contains numerous
emails “after November 2003” between Mr. Zuckerberg, your client, and/or other persons
associated with StreetFax; your observation that “there is significant work that Zuckerberg did for
my client well into 2004” is therefore irrelevant. In short, your first objection is wholly speculative
and factually baseless.
Second, you allege—again, without factual basis—that Mr. Zuckerberg personally “concealed or
deleted” emails that he sent to your client. This allegation is bizarre, given your acknowledgment
that Defendants’ production contains the very emails that you assert Mr. Zuckerberg personally
“concealed or deleted.” In any event, Defendants have produced all emails “between Defendant
Zuckerberg and Plaintiff and/or other persons associated with StreetFax that were captured from
https://mail.google.com/mail/?ui=2&ik=b614a0d4c7&view=pt&q=southwell emails&qs=true&search=que…
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5/30/12
Gmail ‑ Discovery
Zuckerberg’s Harvard email account,” in full compliance with the Court’s July 1, 2011 Order. You
EXHIBIT B
have not identified any specific email captured from Mr. Zuckerberg’s Harvard email account that
Defendants failed to produce.
Given that your objections to Defendants’ productions are baseless, we expect that this matter has
been resolved. Defendants do not consent to any extension of the due date for Plaintiff to file expert
reports. Defendants reserve all rights, including but not limited to the right to pursue sanctions for
discovery abuse and vexatious litigation
Alex
From: Dean Boland [mailto:dean@bolandlegal.com]
Sent: Wednesday, May 23, 2012 11:14 PM
To: Southwell, Alexander
Cc: Snyder, Orin; Paul Argentieri
Subject: Re: Discovery
[Quoted text hidden]
This message may contain confidential and privileged information. If it has been sent to you in error, please reply
to advise the sender of the error and then immediately delete this message.
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