Ceglia v. Zuckerberg et al

Filing 507

DECLARATION signed by Jerry Grant re 506 Objections -- non-motion filed by Paul D. Ceglia. (Argentieri, Paul)

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

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

Plaintiff,
v.

DECLARATION
OF
JERRY GRANT

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.
JERRY GRANT, 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'm an AccessData Certified Examiner and Independent Computer Forensic
Consultant. My Curriculum Vitae is attached (See Exhibit 1).

3.

I have more than 25 years of experience involving computer forensics, data
recovery, computer programming, and computer automation.

4.

I have performed forensic examinations on hundreds of individual items.

5.

I perform forensic investigations on electronic evidence involved in Federal and
State Criminal Cases as well as Civil Cases.

6.

I have lectured and conducting training programs for many large groups at
various companies and have received many certificates in forensics, specialized
computer training and programming. I have lectured at a number of local and

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national conferences on various computer related topics, including computer
forensics.
7.

I have been provided access to forensic copies of three pieces of electronic
media allegedly associated with this case.

I have performed forensic

examinations of the items
8.

I received an e-mail from Mr. Dean Boland on Friday, August 24, 2012 that
contained the native Outlook E-Mail message file with the name "Fwd Followup.msg" identified as "Item 379" on the February 2012 Stroz Friedberg
relevant materials log.

9.

I opened and reviewed the entire "Item 379" file in the native Outlook e-mail
program.

REDACT

.
11. "Item 379" contained a total of 6 attachments with the following names:


Lawsuit Overview.pdf



NYC-#2238616-v1-March_21_version_of_Ceglia_engagement_letter.DOC



Scan0001.tif



Scan0002.tif



Ceglia fee proposal.xls

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

36 - Decision and Order.pdf

12. The 6 attachments

REDACT

13. On August 27, 2012 I received an e-mail from Mr. Dean Boland that included
an attachment identified as the Kasowitz Letter.
14. I compared the received Kasowitz Letter to the 6 attachments identified in
"Item 379", and it is not one of the items.
15. The body of the "item 379" native e-mail message also contained e-mail
headers and text from numerous other e-mail messages. These embedded emails contained different dates and threads (conversations).
16. One of the embedded e-mail messages was

REDACT

The following recipients were also copied on
this e-mail:


REDACT

17. The Wednesday, April 13, 2011 9:50 AM embedded e-mail is identified as being
the e-mail that originally contained the Kasowitz Letter.
18. The Wednesday, April 13, 2011 9:50 AM embedded e-mail did not contain any
attachments as part of "Item 379".

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19. No other recipients were identified in the Wednesday, April 13, 2011 9:50 AM
embedded e-mail. This includes Jason Holmberg or any other third party.
20. Many other embedded e-mail messages identified in "Item 379" were not
copied to Jason Holmberg.
21. I reviewed all of the dates related to the embedded e-mail messages that
included Jason Holmberg as either the sender or the receiver. The most recent
date that Jason Holmberg was related to any embedded e-mail message is
March 28, 2011.
22. Due to the fact that the Wednesday, April 13, 2011 9:50 AM embedded e-mail
did not contain any attachments as part of "Item 379", as well as being created
after any e-mail message that Jason Holmberg was included on, I do not find
any evidence that Jason Holmberg received a copy, or had any knowledge of
the Kasowitz Letter based on my analysis of "Item 379".

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: August 27, 2012.

____________________________________
Declarant – Jerry Grant

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