Ceglia v. Zuckerberg et al

Filing 513

DECLARATION signed by Alexander H. Southwell re 511 Eighth MOTION to Compel and For Other Relief filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(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
ALEXANDER H. SOUTHWELL

I, ALEXANDER H. SOUTHWELL, 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 and admitted to

practice before this Court. I am a partner in the law firm of Gibson, Dunn & Crutcher LLP,
counsel of record for Defendants Mark Elliot Zuckerberg and Facebook, Inc. in the abovecaptioned matter. I make this declaration, based on personal knowledge, in support of
Defendants’ Eighth Motion to Compel.
2.

On August 15, 2012, the Court granted Defendants’ Seventh Motion to Compel,

ordering Plaintiff Paul Ceglia to “produce the Kasowitz Letter within three (3) days of this
Decision and Order.” Doc. No. 478 at 8 (emphasis removed), 361, 362. On August 17, 2012,
Ceglia produced the April 13, 2011 Kasowitz Letter, designating it as “Confidential” pursuant to
the parties’ Joint Stipulated Protective Order (Doc. No. 86). Defendants challenge this
designation as improper. A true and correct copy of the April 13, 2011 Kasowitz Letter received
from Mr. Boland on August 17, 2012 is attached hereto as Exhibit A, which is redacted in the
publicly-filed declaration due to Ceglia’s improper confidentiality designations.