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 D

From:
Sent:
To:
Cc:

Southwell, Alexander
Thursday, July 05, 2012 9:20 PM
Dean Boland ([e-mail])
[e-mail]; Snyder, Orin; Benjamin, Matthew J.; Aycock, Amanda M.;
Narasimhan, Sripriya
FW: Deposition dates and documents

Subject:

Mr. Boland:
Please respond concerning these documents.
Thanks
Alex
From: Southwell, Alexander
Sent: Tuesday, July 03, 2012 12:57 PM
To: Dean Boland ([e-mail])
Cc: [e-mail]; Snyder, Orin; Benjamin, Matthew J.; Aycock, Amanda M.; Narasimhan, Sripriya
Subject: Deposition dates and documents

Mr. Boland:
First, I want to confirm with you that depositions will proceed as follows on these dates:
July 16, 2012: Jim Blanco
July 18, 2012: Stroz Friedberg (AM & PM)
July 19, 2012: Stroz Friedberg (AM & PM)
These depositions will take place in our offices in New York city. We are still working on the exact ordering of the Stroz
witnesses to accommodate your request that Mr. McGowan and Mr. Rose be deposed in the mornings (which will be
the case).
Next, as you know, you indicated in your June 22, 2012 email that Plaintiff would provide certain of the materials
identified in our June 13, 2012 letter related to the upcoming depositions of Plaintiff’s document
examiners. Specifically, you stated that Larry Stewart will provide everything requested in our June 13th letter with the
exception of the information on his library of standards, owing to concerns about proprietary business or manufacturer
information. To be clear, we are not seeking any proprietary information. Rather, we are seeking sufficient information
to understand and evaluate Mr. Stewart’s opinion, which is particularly important given that this portion of his opinion is
so sparse. For instance, a directory or index that demonstrates the quantity of toners in the library and lists the names
or identifiers of the various toners might suffice. We are not seeking proprietary or sensitive information that might be
guarded by manufacturers, such as formulas of compatible printers. Please explain what you can provide in this regard
and what specific restrictions you believe are in place.
Given the approaching deposition dates, please produce these Stewart and Rantanen materials (the requested Stewart
materials other than the “library” materials and all non-proprietary materials about the “library” plus the Rantanen
material), and your explanation about the restrictions with respect to the “library,” by today, July 3, 2012, at 8:00
p.m. Defendants reserve all rights with respect to Ceglia’s failure to produce these documents sufficiently in advance of

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Ceglia’s experts’ depositions, including continuing the deposition after full production of the relevant documents and
moving for appropriate sanctions.
Finally, at the Grant deposition you promised to provide the list of prior testimony that Mr. Grant testified that he had
provided to you, but we still have not gotten that. Please provide that information as soon as possible.
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

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