Ceglia v. Zuckerberg et al

Filing 538

DECLARATION signed by Alexander H. Southwell re 537 Reply to Response to Motion filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A)(Snyder, Orin)

EXHIBIT A

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF NEW YORK

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No. 1:10-cv-00569-RJA

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PAUL D. CEGLIA,

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Plaintiff,
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vs.
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MARK ELLIOT ZUCKERBERG,
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Individually, and
FACEBOOK, INC.,

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Defendants.
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-----------------------------x

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July 11, 2012

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10:03 a.m.

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Videotaped deposition of LARRY F.

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STEWART, held at the offices of Gibson,

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Dunn & Crutcher LLP, 200 Park Avenue,

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New York, New York, pursuant to notice,

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before Cary N. Bigelow, Court Reporter,

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a Notary Public of the State of New York.

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212-279-9424

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A P P E A R A N C E S:

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BOLAND LEGAL, LLC

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Attorneys for Plaintiff

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1475 Warren Road

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Unit 770724

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Lakewood, Ohio 44107

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BY:

DEAN BOLAND, ESQ.

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GIBSON, DUNN & CRUTCHER LLP

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Attorneys for Defendants

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200 Park Avenue

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New York, New York 10166-0193

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BY:

ORIN SNYDER, ESQ.

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ALEXANDER H. SOUTHWELL, ESQ.

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MATTHEW BENJAMIN, ESQ.

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AMANDA AYCOCK, ESQ.

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SRIPRIYA NARASIMHAN, ESQ.

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ALSO PRESENT:
PETER TYTELL

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GERALD LAPORTE
NADER KHORASSANI, Summer Associate,

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Gibson, Dunn & Crutcher, LLP
(a.m. session)

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ANNA CHASE, Summer Associate,
Gibson, Dunn & Crutcher, LLP

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(p.m. session)
DANIEL McCLUTCHY, Videographer

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Page 54
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L. Stewart
another?

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A.

That's correct, that's my testimony.

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Q.

What about Eric Speckin, have you ever

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spoken with him about this case?

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A.

Yes.

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Q.

In fact, he examined the original

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so-called Work For Hire document with you in July

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of 2011; correct?

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A.

Yes.

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Q.

And do you know why he didn't provide a

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report?
A.

No.

That's between him and Mr. Boland

and Mr. Argentieri.
Q.

You never spoke to Mr. Speckin about

that?

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A.

Why he did not issue a report, no.

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Q.

You both took samples from the

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documents; correct?

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A.

Yes.

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Q.

Did he take samples of paper?

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A.

I don't recall if he took samples of

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paper.

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Q.

Did he take samples of ink?

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A.

I believe he did, yes.

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Page 55
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L. Stewart

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Q.

Did he take samples of attorney?

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A.

I don't recall.

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Q.

Are you aware of whether he ran any

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tests on these samples?

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A.

Yes, he did tests on the samples.

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Q.

Did he test the paper?

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A.

I don't know.

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Q.

Did he test the toner?

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A.

I don't know.

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Q.

Did he test the ink?

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A.

I believe so.

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Q.

What kind of test did he subject the

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ink to?

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A.

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conducted.

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Q.

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I don't know all of the tests that he
I know he tried to identify the ink.
Do you know what his results of his

examination were?
A.

It would be best to come from him, but

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I believe that his results from our phone calls

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were that it was deteriorated to the point that

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he could not identify it.

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Q.

And do you know why he did not issue a

written report to that effect?
A.

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No, I do not.
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Page 381
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C E R T I F I C A T E
STATE OF NEW YORK

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)
: ss.

COUNTY OF NEW YORK

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I, CARY N. BIGELOW, Court Reporter,

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a Notary Public within and for the State of

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New York, do hereby certify:

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That LARRY F. STEWART, the witness

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whose testimony is hereinbefore set forth,

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was duly sworn by me and that such

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testimony given by the witness was taken

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down stenographically by me and then

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transcribed.

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I further certify that I am not

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related to any of the parties to this

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action by blood or marriage, and that I am

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in no way interested in the outcome of this

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matter.

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IN WITNESS WHEREOF, I have hereunto
set my hand this 12th day of July, 2012.

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_________________________

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CARY N. BIGELOW

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