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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

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PAUL D. CEGLIA,

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Plaintiff,

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vs.

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No. 1:10-cv-00569

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Individually, and
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MARK ELLIOT ZUCKERBERG,

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FACEBOOK, INC.,

(RJA)

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Defendants.
-------------------------

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July 26, 2012

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10:14 a.m.

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Deposition of GERALD M. LAPORTE, held

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at the offices of Gibson, Dunn & Crutcher LLP,

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200 Park Avenue, New York, New York, before

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Laurie A. Collins, a Registered Professional

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Reporter and Notary Public of the State of New

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York.

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212-279-9424

VERITEXT REPORTING COMPANY
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A P P E A R A N C E S:

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BOLAND LEGAL, LLC

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Attorneys for Plaintiff

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1475 Warren Road

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Unit 770724

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Lakewood, Ohio 44107

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BY:

DEAN BOLAND, ESQ.

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GIBSON, DUNN & CRUTCHER LLP

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Attorneys for Defendants

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200 Park Avenue

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New York, New York 10166-0193

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BY:

ALEXANDER H. SOUTHWELL, ESQ.

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MATTHEW BENJAMIN, ESQ.

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AMANDA AYCOCK, ESQ.

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ALSO PRESENT:

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JAMES BLANCO

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LAWRENCE STEWART

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PETER COOPER, Videographer

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THE VIDEOGRAPHER:

Good morning.

We

are now on the record.

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Please note that the microphones are

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sensitive and may pick up whispering and

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private conversations.

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cell phones or place them away from the

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microphones as they can interfere with

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deposition audio.

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Please turn off all

Recording will continue

until all parties agree to go off the record.

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My name is Pete Cooper, representing

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Veritext New York.

The date today is July 26,

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2012, and the time is approximately 10:14 a.m.

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This deposition is being held at

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Gibson, Dunn & Crutcher, LLP, located at 200

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Park Avenue in New York, New York.

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caption of this case is Paul D. Ceglia versus

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Mark Elliot Zuckerberg, et al.

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filed in the United States District Court for

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the Western District of New York, Case Number

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1:10-cv-00569.

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Gerald LaPorte.

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The

This case is

The name of the witness is

At this time the attorneys present in

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the room will identify themselves and the

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parties they represent.

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MR. SOUTHWELL:

Alexander Southwell

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from Gibson, Dunn representing the defendants.

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With me is Amanda Aycock and Matthew Benjamin,

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also Gibson, Dunn, representing the

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defendants.

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MR. BOLAND:

Dean Boland representing

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Paul Ceglia, the plaintiff, and along with me

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are two of the plaintiff's experts, Larry

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Stewart and James Blanco.

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THE VIDEOGRAPHER:

Thank you.

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Our court reporter, Laurie Collins,

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representing the Veritext, will swear in the

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witness and we can proceed.

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G E R A L D

M.

L a P O R T E ,

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called as a witness, having been duly sworn

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by the notary public, was examined and

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testified as follows:

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EXAMINATION BY

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MR. BOLAND:

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Q.

Good morning, Mr. LaPorte.

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A.

Good morning.

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Q.

You and I have seen each other a couple

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times before in these depositions; true?
A.

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That's correct.
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LaPorte
Q.

Can you say, sitting here, whether any

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of the scans you did not take that you've

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reviewed -- Tytell, Lesnevich, or whatever -- are

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unaltered?

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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

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Photoshop or cropped or contrast.

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way of knowing by looking at the other experts'

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scans whether they have altered them?

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A.

Do you have any

I haven't looked at their images in

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that much detail to know that, but I can't -- I

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can't say one way or the other if that happened or

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didn't happen.

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Q.

The results of or the notes, I guess, I

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think you called it, from your testing of the July

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plugs or evaluation of the July plugs, do you have

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any of that with you today?

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A.

I do not.

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Q.

Did you bring any of your notes or

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anything with you to the deposition?

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A.

I did not.

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Q.

Why didn't you bring any of that stuff

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LaPorte
with you?
A.

I was instructed by the Gibson, Dunn

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attorneys that there was an ongoing dispute and to

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leave my notes back at my hotel.

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Q.

This GC/MS machine that you've

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mentioned a couple times before, does it have

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different settings on it kind of like a scanner?

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A.

I've never heard somebody compare a

GC/MS to a scanner, but it has settings, yes.

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Q.

What are those?

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A.

All of the settings?

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Q.

Well, how many are there?

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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

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knobs and that's -- that's not how -- GC/MS

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operates by software.

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Q.

Okay.

Using the software, then.

What

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are some of the settings that you can change?

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mentioned, for example, heating the sample at 70

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degrees Celsius.

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You

Does the GC/MS do that?

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