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 F

From:
Sent:
To:
Cc:
Subject:

Southwell, Alexander
Sunday, July 08, 2012 10:19 AM
Dean Boland ([e-mail])
[e-mail]; Benjamin, Matthew J.; Aycock, Amanda M.
Stewart materials

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;
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);
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
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);
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), and other “testing methods,
[which] included microscopy and thin layer chromatography” (Doc. No. 416, ¶ 93);
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).
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.
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
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