Ceglia v. Zuckerberg et al

Filing 589

DECLARATION signed by Alexander H. Southwell re 588 Reply to Response to Motion 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)(Snyder, Orin)

EXHIBIT O

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
No. 1:10-cv-00569-RJA
_______________________
)
PAUL D. CEGLIA,
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Plaintiff,
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vs.
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MARK ELLIOT ZUCKERBERG,
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Individually, and
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FACEBOOK, INC. ,
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Defendants.
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_______________________

Gibson, Dunn & Crutcher
200 Park Avenue
New York, New York
10166-0193
July 16, 2012
10:06 A.M.

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VIDEOTAPED DEPOSITION OF
Walter John Rantanen, II

Reported by:
DEBRA SAPIO LYONS, RDR, CRR, CCR, CPE

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July 16, 2012
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Videotaped deposition of Walter

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John Rantanen, II, held at the offices of

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Gibson, Dunn & Crutcher, 200 Park Avenue,

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New York, New York

10166-0193, before

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Debra Sapio Lyons, a Registered Diplomat

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Reporter, a Certified Realtime Reporter, a

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Certified LiveNote Reporter, an Approved

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Reporter of the United States District

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Court for the Eastern District of

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Pennsylvania, a Certified Court Reporter

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of the State of New Jersey, a Notary

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Public of the States of New Jersey, New

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York and the Commonwealth of Pennsylvania.

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APPEARANCES:
BOLAND LEGAL
BY:
DEAN BOLAND, ESQUIRE
1475 Warren Road #770724
Lakewood, Ohio
44107
216.236.8080
[e-mail]
Counsel for Paul D. Ceglia

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GIBSON, DUNN & CRUTCHER
BY:
MATTHEW BENJAMIN, ESQUIRE
ALEXANDER H. SOUTHWELL, ESQUIRE
AMANDA AYCOCK, ESQUIRE
200 Park Avenue
New York, New York
10166-0193
212.351.4079
212.351.3981
212.351.2347
[e-mail]
[e-mail]
[e-mail]
Counsel for Mark Elliot
Zuckerberg, Individually, and
Facebook, Inc.

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ALSO PRESENT:
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JAMES THOMPSON
Gibson Dunn
DEVERELL WRITE, Videographer
Veritext New York

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Page 149
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Walter J. Rantanen, II

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A.

I'm -- I'm sorry.

Could you

say that again?

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Q.

The conclusion that the

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samples are consistent with coming from

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the same mill and production run means

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that that possibility cannot be

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rejected as factually impossible?

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A.

Right, correct.

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Q.

It's also not factually

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impossible that they came from

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different mills?

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A.

True.

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Q.

Or different production

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A.

True.

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Q.

You just couldn't

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runs?

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differentiate the samples at this level

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of analysis?

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A.

Correct.

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Q.

And as you previously

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testified, a single run can produce

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millions of sheets of paper; right?

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A.

Well, you mentioned a

million and I said that seemed kind of

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Walter J. Rantanen, II

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A.

There you go.

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Q.

Do you see that?

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A.

Yes, I do.

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Q.

And about halfway down

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Paragraph 164 he writes, "What that

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means," referring to your conclusion in

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your report, "What that means is that

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the actual sheets of paper that were

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used for Page 1 and Page 2 of the

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Facebook contract pages were created on

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the same day."

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Did I read that correctly?

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A.

That's what I -- I read.

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Q.

And as you previously

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testified, you did not conclude that

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the paper samples you examined came, in

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fact, from the same production run;

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right?

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A.

I said it was consistent

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with.

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from that production run.

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I did not say it definitely came

Q.

Right.

And as you

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previously testified, a production run

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can last more than one day; right?

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Walter J. Rantanen, II

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A.

Yes.

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Q.

So this statement in

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Paragraph 164 of Mr. Blanco's sworn

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report is untrue?

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MR. BOLAND:

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THE WITNESS:

Objection.
It -- I -- I

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think it's missing the word

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possibly.

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BY MR. BENJAMIN:

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Q.

In other words, if you were

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to rewrite this sentence so that it was

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accurate, you would include the

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words -- the word "possibly" before

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"created on the same day"?

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A.

Yes.

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Q.

But this sentence does not

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include the word possible -- possibly?

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A.

No, it does not.

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Q.

And to be clear, you are not

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offering the opinion that the paper

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samples you examined were created on

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the same day; right?

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A.

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opinion.

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Yes, I'm not offering that

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Walter J. Rantanen, II

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Q.

So as written, this

statement isn't accurate; right?

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A.

Yes.

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Q.

Now, Mr. Blanco had an

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opportunity to examine each full page

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of the purported contract at issue in

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this case, but as you testified

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earlier, you didn't have that

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opportunity; right?

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A.
document.

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No, I did not see the full

Q.

Right.

So you didn't

examine the opacity of each page of --

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A.

Right.

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Q.

-- the document; right?

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A.

That's correct.

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Q.

You didn't examine the

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texture of each page of the document;

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right?

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A.

That's correct.

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Q.

And you didn't conduct any

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physical measurements on each full page

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of the document; right?

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A.

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That's correct.
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Walter J. Rantanen, II

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Q.

Needless to say, your

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analysis did not confirm that the

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opacity of Page 1 and Page 2 of the

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document is the same; right?

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A.

That's correct.

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Q.

Nor did your analysis

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confirm that the coddling of Page 1 and

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Page 2 of the document is the same;

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right?

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A.

What -- what is the meaning

of coddling?

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Q.

Have you ever heard that

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word coddling used in reference to the

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analysis of paper?

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A.

I've heard cockling.

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Q.

What is cockling?

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A.

Cockling is where the -- you

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get a roughness in the sheet.

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Q.

Like a wrinkling?

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A.

Yes.

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What -- what is coddling?

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Q.

You know, honestly I'm not

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sure, so let's go with cockling.

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Your analysis did not

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Walter J. Rantanen, II

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confirm that the cockling of Page 1 and

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Page 2 of the document is the same;

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right?

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A.

I -- there was no way I

could tell that.

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Q.

Of course.

So at Paragraph

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165 on the same page, Mr. Blanco

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writes, "This chemical testing report

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by Walter J. Rantanen confirms my

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measurements and visual examinations.

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That is, I previously reported that the

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results of my inspection was that

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'these features were the same between

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both pages' (Document 194, Paragraph

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21.e) and now we have the chemical

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analysis by IPS Testing Experts that

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supports my initial measurements and

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visual observations that the paper of

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Page 1 and Page 2 of the Faceback (sic)

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contract are the same."

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Did I read that correctly?

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A.

I believe so.

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MR. BENJAMIN:

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the Court Reporter to mark as

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I would ask

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Walter J. Rantanen, II

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Defendant's Exhibit 36 the November

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8th, 2011 Declaration cited in

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Paragraph 165 of Mr. Blanco's

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report.

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(Exhibit Defendant's Exhibit

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36, November 1st, 2011 Declaration

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Of James A. Blanco In Support Of

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Motion For Sanctions Against

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Defendants For Spoliation Of

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Evidence, is marked for

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identification.)

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MR. BENJAMIN:

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MR. BOLAND:

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Thanks.

BY MR. BENJAMIN:

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Mr. Boland.

Q.

I'm now handing you

Defendant's Exhibit 36, Mr. Rantanen.

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I'm sorry.

I described that

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incorrectly on the record.

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it as a November 8th declaration.

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actually was filed November 1st, 2011.

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Do you see that date at the

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I described
It's

top?

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A.

Oh, up here, yes.

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Q.

Yes.

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Walter J. Rantanen, II

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A.

Okay.

Yes.

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Q.

And that in Paragraph 165

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Mr. Blanco refers to Document 194, is

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that right, of -- of the report that I

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just read?

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A.

Yes.

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Q.

And the words Document 194

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are at the top of this document,
Defendant's Exhibit 36?

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A.

Yes.

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Q.

Okay.

And at Paragraph 21.e

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on Page 7, Mr. Blanco wrote, "I

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examined the opacity and the coddling

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features, parentheses, texture of Pages

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1 and 2 of the Facebook contract and

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these features were the same between

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both pages."

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A.

I'm -- I'm sorry.

I -- I got lost there.

I guess

Where --

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Q.

Oh, that -- that's okay.

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A.

-- where are you?

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Q.

I'm on -- in the Declaration

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that I just handed you, Defendant's

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Exhibit 36 --

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Walter J. Rantanen, II

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A.

On Page 7.

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Q.

-- Page 7 and then do you

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see there's a Paragraph 21?

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A.

Oh.

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Q.

And then there's a little a,

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b, c, d, e --

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A.

Yes.

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Q.

-- is that right?

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And do you see e?

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A.

Yes.

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Q.

And does that read, "I

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examined the opacity and the coddling

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features, texture, of Pages 1 and 2 of

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the Facebook contract and these

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features were the same between both

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pages."

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A.

Yes, I see that.

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Q.

I read that correctly?

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A.

Yes, I -- I see that, yes.

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Q.

And I read that correctly?

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A.

Yes.

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Q.

Okay.

As you previously

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testified, your analysis did not

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confirm any measurements of the opacity

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Walter J. Rantanen, II
of the work-for-hire document; right?

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A.

No, I did not confirm any.

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Q.

You didn't measure the

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opacity of --

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A.

No.

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Q.

-- any document?

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A.

No.

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Q.

And your report did not

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confirm Mr. Blanco's measurements of

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the texture of the document; right?

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A.

That's correct 'cause I --

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you pretty much need a bigger area in

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order to see that.

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Q.

Right.

What Mr. Blanco

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refers to as the coddling of the

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document?

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A.

Yes.

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Q.

You testified that's -- the

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proper term is cockling?

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A.

No, that -- I think that's

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something else.

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is the finish, the surface finish.

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From what he's written here, that's

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what it appears.

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I think what he means

I've -- I've never

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Walter J. Rantanen, II
heard coddling before, but...

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Q.

Okay.

So just to summarize,

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Mr. Blanco asserted that your analysis

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confirmed that Page 1 and Page 2 of the

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document are actually from the same

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production run.

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is incorrect; right?

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Mr. Blanco's statement

MR. BOLAND:

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THE WITNESS:

Objection.
As stating

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absolutely that it would be from the

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same run, yes, that is incorrect.

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BY MR. BENJAMIN:

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Q.

Mr. Blanco asserted that

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your analysis confirmed that Page 1 and

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Page 2 of the document, quote, "Were

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created on the same day," end quote.

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That statement is incorrect; right?

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A.

Yes, I could not definitely

say that.

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Q.

Mr. Blanco asserted that

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your analysis confirmed that Page 1 and

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Page 2 of the document have the same

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opacity.

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right?

212-279-9424

That statement is incorrect;

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Walter J. Rantanen, II

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A.

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opacity.

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Q.

Yes, I could not measure the

Mr. Blanco asserted that

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your analysis confirmed that Page 1 and

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Page 2 of the document have the same

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texture.

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A.

That --

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Q.

That statement is incorrect.

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A.

Yes, 'cause I could not tell

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that with the small amount of sample.

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Q.

And, in fact, you didn't

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examine the full Page 1 or 2 of the

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document; right?

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A.

Yes, that is correct.

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Q.

Thank you.

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Mr. Rantanen, in your report

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you refer to punch outs.

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term for the .75 -- approximately .75

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millimeter samples that you were

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provided?

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A.

Yes.

Is that your

They are -- I suspect

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they were -- it's a micro punch I

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suspect.

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to use those to punch out areas to test

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I didn't -- ink chemists tend

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