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)

EXHIBIT W

From: Dean Boland [mailto:[e-mail]]
Sent: Wednesday, August 01, 2012 4:50 PM
To: Southwell, Alexander H.
Cc: Dean Boland ([e-mail]); [e-mail]; 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
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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.

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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 [phone] • Fax [phone]
[e-mail] • 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
[e-mail]
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.

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