Ceglia v. Zuckerberg et al

Filing 432

MEMORANDUM in Opposition re 381 Sixth MOTION to Compel And For Other Relief filed by Paul D. Ceglia. (Attachments: # 1 Certificate of Service, # 2 Exhibit A)(Boland, Dean)

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O...~ MILBERG ..00.. .o~.~o. LLP NEW YORK LOS ANGELES TAMPA DETROIT Jennfer L. Young Direct Dial: 646-733-5718 jyoungCMilberg.com May VIA 7, 2012 EMAIL Alexander H. Southwell Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166-0193 Re: Ceglia v. Zuckerberg, No. 10-0569 (W.D.N.Y.) Dear Mr. Southwell: I write in response to your May 3,2012 letter requesting production of an April 13, 2011 letter from Aaron H. Marks of Kasowitz, Benson, Torres & Friedman LLP, who briefly represented Plaintiff, to certin of Plaintiff s former and curent counsel. In addition, you request production of any images "obtained or recorded" by the Kasowitz firm or its experts. We have reviewed the Cour's discovery Orders, and we do not believe that they call for the production of the April 13, 2011 letter. Should you disagree, we request that you direct us to specific language contained in a prior Order that purortedly calls for the production of this document. In any event, the April 13, 2011 letter is protected from disclosure by the attomeyclient privilege because it is a confidential communcation regarding the litigation sent by Plaintiffs former counsel, Mr. Marks, to another former counsel, Denns C. Vacco, and copying certain other former and curent counsel, specifically, Paul Argentieri, Robert W. Brownlie, Gerard A. Trippitell, and Kevin J. Cross. With regard to your request for any images "obtained or recorded" by the Kasowitz firm or its experts, I direct you to Plaintiff s August 29, 2011 Supplemental Declaration disclosing electronic information in the possession of varous law firms and consultants, including the Kasowitz firm and its computer forensics consultat, Capsicum Group LLC ("Capsicum"). See Supplemental Declaration of Paul D. Ceglia iiii 11-12,32-34, 74-76, 88-90, 115-117, 120-122 (Dkt. No. 339). The images obtained by the Kasowitz firm and Capsicum were transferred to One Pennsylvania Plaza. New York, NY 10119. T 212.594.5300. F 212.868.1229. milberg.com GUIlD ARTIST 51131 Alexander H. Southwell May 7, 2012 Page 2 Project Leadership Associates ("PLA") and made available to your experts at Stroz Friedberg, who visited PLA's Chicago office on July 19,2011. Weare available to meet and confer with you on these issues. Please contact me with any questions. ~rf1V Jennfer L. Young cc: Orin S. Snyder Sanford P. Dumain Melissa R. Clark Dean M. Boland Paul A. Argentieri Robert B. Calihan Peter K. Skivington MILBERG LLP (l~288

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