Ceglia v. Zuckerberg et al
Filing
577
MEMORANDUM in Opposition re 553 MOTION for Discovery CORRECTED/AMENDED filed by Paul D. Ceglia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Boland, Dean)
Page 1
1
2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
3
4
PAUL D. CEGLIA,
)
)
5
Plaintiff,
)
)
6
vs.
)
No. 1:10-cv-00569
)
7
)
Individually, and
8
MARK ELLIOT ZUCKERBERG,
)
FACEBOOK, INC.,
(RJA)
)
)
9
Defendants.
-------------------------
)
)
10
11
12
13
14
15
July 26, 2012
16
10:14 a.m.
17
18
Deposition of GERALD M. LAPORTE, held
19
at the offices of Gibson, Dunn & Crutcher LLP,
20
200 Park Avenue, New York, New York, before
21
Laurie A. Collins, a Registered Professional
22
Reporter and Notary Public of the State of New
23
York.
24
25
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
Page 2
1
2
A P P E A R A N C E S:
3
4
BOLAND LEGAL, LLC
5
Attorneys for Plaintiff
6
1475 Warren Road
7
Unit 770724
8
Lakewood, Ohio 44107
9
BY:
DEAN BOLAND, ESQ.
10
11
GIBSON, DUNN & CRUTCHER LLP
12
Attorneys for Defendants
13
200 Park Avenue
14
New York, New York 10166-0193
15
BY:
ALEXANDER H. SOUTHWELL, ESQ.
16
MATTHEW BENJAMIN, ESQ.
17
AMANDA AYCOCK, ESQ.
18
19
ALSO PRESENT:
20
JAMES BLANCO
21
LAWRENCE STEWART
22
PETER COOPER, Videographer
23
24
25
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
Page 3
1
2
3
THE VIDEOGRAPHER:
Good morning.
We
are now on the record.
4
Please note that the microphones are
5
sensitive and may pick up whispering and
6
private conversations.
7
cell phones or place them away from the
8
microphones as they can interfere with
9
deposition audio.
10
Please turn off all
Recording will continue
until all parties agree to go off the record.
11
My name is Pete Cooper, representing
12
Veritext New York.
The date today is July 26,
13
2012, and the time is approximately 10:14 a.m.
14
This deposition is being held at
15
Gibson, Dunn & Crutcher, LLP, located at 200
16
Park Avenue in New York, New York.
17
caption of this case is Paul D. Ceglia versus
18
Mark Elliot Zuckerberg, et al.
19
filed in the United States District Court for
20
the Western District of New York, Case Number
21
1:10-cv-00569.
22
Gerald LaPorte.
23
The
This case is
The name of the witness is
At this time the attorneys present in
24
the room will identify themselves and the
25
parties they represent.
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
Page 4
1
2
MR. SOUTHWELL:
Alexander Southwell
3
from Gibson, Dunn representing the defendants.
4
With me is Amanda Aycock and Matthew Benjamin,
5
also Gibson, Dunn, representing the
6
defendants.
7
MR. BOLAND:
Dean Boland representing
8
Paul Ceglia, the plaintiff, and along with me
9
are two of the plaintiff's experts, Larry
10
Stewart and James Blanco.
11
THE VIDEOGRAPHER:
Thank you.
12
Our court reporter, Laurie Collins,
13
representing the Veritext, will swear in the
14
witness and we can proceed.
15
G E R A L D
M.
L a P O R T E ,
16
called as a witness, having been duly sworn
17
by the notary public, was examined and
18
testified as follows:
19
EXAMINATION BY
20
MR. BOLAND:
21
Q.
Good morning, Mr. LaPorte.
22
A.
Good morning.
23
Q.
You and I have seen each other a couple
24
25
times before in these depositions; true?
A.
212-279-9424
That's correct.
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
Page 144
1
2
LaPorte
Q.
Can you say, sitting here, whether any
3
of the scans you did not take that you've
4
reviewed -- Tytell, Lesnevich, or whatever -- are
5
unaltered?
6
7
8
9
A.
What do you mean by "altered"?
What
does that mean, like -Q.
Changed in any way, just from however
the scanner, the image, was captured, put through
10
Photoshop or cropped or contrast.
11
way of knowing by looking at the other experts'
12
scans whether they have altered them?
13
A.
Do you have any
I haven't looked at their images in
14
that much detail to know that, but I can't -- I
15
can't say one way or the other if that happened or
16
didn't happen.
17
Q.
The results of or the notes, I guess, I
18
think you called it, from your testing of the July
19
plugs or evaluation of the July plugs, do you have
20
any of that with you today?
21
A.
I do not.
22
Q.
Did you bring any of your notes or
23
anything with you to the deposition?
24
A.
I did not.
25
Q.
Why didn't you bring any of that stuff
212-279-9424
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
Page 145
1
2
3
LaPorte
with you?
A.
I was instructed by the Gibson, Dunn
4
attorneys that there was an ongoing dispute and to
5
leave my notes back at my hotel.
6
Q.
This GC/MS machine that you've
7
mentioned a couple times before, does it have
8
different settings on it kind of like a scanner?
9
10
A.
I've never heard somebody compare a
GC/MS to a scanner, but it has settings, yes.
11
Q.
What are those?
12
A.
All of the settings?
13
Q.
Well, how many are there?
14
15
16
17
18
19
you that question.
A.
Can you list them?
Let me ask
Maybe none of them is too big.
When you say "settings," you mean like
temperature, pressure?
Q.
Anything you're able to change on that
device before you use it.
A.
You mean the motion of like turning
20
knobs and that's -- that's not how -- GC/MS
21
operates by software.
22
Q.
Okay.
Using the software, then.
What
23
are some of the settings that you can change?
24
mentioned, for example, heating the sample at 70
25
degrees Celsius.
212-279-9424
You
Does the GC/MS do that?
VERITEXT REPORTING COMPANY
www.veritext.com
EXHIBIT L
212-490-3430
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?