Ceglia v. Zuckerberg et al

Filing 555

DECLARATION signed by Alexander H. Southwell re 553 MOTION for Discovery filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN)(Snyder, Orin)

Download PDF
EXHIBIT W From: Dean Boland [mailto:dean@bolandlegal.com] Sent: Wednesday, August 01, 2012 4:50 PM To: Southwell, Alexander H. Cc: Dean Boland (dean@bolandlegal.com); paul.argentieri@gmail.com; Benjamin, Matthew; Aycock, Amanda Subject: Re: Stewart materials On Sunday, July 8, 2012, Southwell, Alexander wrote: Mr. Boland: With regard to the Stewart materials, you have provided a series of apparent digital photographs of portions of documents and other materials without any explanation. For many of the photographs, it is not apparent what the item purports to be or whether it is responsive at all to any request made by Defendants. Additionally, you appear not to have provided the following from our June 13, 2012 letter: 1. List of . . . all documents, reports, filings, declarations, videos, handwriting exemplars, or other material reviewed [by Stewart] prior to the submission of their reports; All of this material has been provided between court ordered production and items attached to all of his declarations. That is the list of who the has reviewed. 6. . . . identification of the samples provided to Mr. Rantanen (including detail on the contents of each vial provided, e.g., how many samples each vial contained; from which document, page, and location the samples were taken; the size of the samples; and any other source or identifying information); he He gave Rantenan two vials. We have provided documentation regarding the contents of each. You questioned him about the contents of each at his deposition. The side information was provided by Rantanen during his deposition. Mr. Stewart used a standard 1mm or .75mm boring device. Mr. Stewart has no additional records of where on the document these samples were taken. 7. The materials Mr. Stewart claims in his Report were produced in discovery, on which he relies for the assertion that a Defendants’ expert had knowledge of Stewart’s findings related to the markings at the top of each page 1 of the Work for Hire Document and the dull corner on the back of page 1 under ultra-violet examination (which in fact were not produced in discovery) (see Doc. No. 416, ¶ 195); These materials, his handwritten notes, were provided in November 2011 to Defendants and a second time the week before his deposition. 8. The results, data, captured images or pictures, in electronic of hard-copy form, or thin layer chromatography plates resulting from Mr. Stewart’s “chemical analysis of the toner” (Doc. No. 416, ¶ 89), All these images were provided on CD ROM in November 2011 pursuant to court order. All and other “testing methods, [which] included microscopy and thin layer chromatography” (Doc. No. 416, ¶ 93); Same as previous answer. 9. Details of the contents and sources of Mr. Stewart’s “library of standard toners,” including any catalogue, index, directory, log, or similar information (see Doc. No. 416, ¶ 98-99). A redacted image of his logbook about this case has been provided a week before his deposition. Along with that was a library sheet describing the toner that was matched; along with manufacturer information regarding the matched toner; we provided photographs of the actual library and the toners that are in the library. He also provided a photograph of the actual sample from the library that matched the toner tested. Please provide these materials immediately, or explain what you believe has already been provided or cannot be provided, and provide clarifying information about the photographs you provided. 2 With regard to the amended Grant declaration, please provide clarification as to the date and circumstances of this document. The declaration is dated June 8, 2012, prior Mr. Grant’s deposition, yet it appeared that he created this list after his deposition since you had not provided it in advance. Thanks Alex Alexander H. Southwell Partner GIBSON DUNN Gibson, Dunn & Crutcher LLP 200 Park Avenue, New York, NY 10166-0193 Tel +1 212.351.3981 • Fax +1 212.351.6281 ASouthwell@gibsondunn.com • www.gibsondunn.com 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. -Dean Boland Owner/Member Boland Legal, LLC 1475 Warren Road Unit 770724 Lakewood, Ohio 44107 216.236.8080 ph 866.455.1267 fax dean@bolandlegal.com Please note, I typically only review my emails once daily. If there is something urgent in any email, please do not hesitate to contact my office at 216-236-8080. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?