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)

Download PDF
EXHIBIT P Page 1 1 2 UNITED STATES DISTRICT COURT 3 WESTERN DISTRICT OF NEW YORK 4 5 PAUL D. CEGLIA, ) ) 6 Plaintiff, ) ) 7 vs. ) No. 1:10-cv-00569 ) 8 ) Individually, and 9 MARK ELLIOT ZUCKERBERG, ) FACEBOOK, INC., (RJA) ) ) 10 Defendants. ------------------------- ) ) 11 12 13 14 15 16 July 25, 2012 17 10:14 a.m. 18 19 Deposition of JAMES A. BLANCO, held at 20 the offices of Gibson, Dunn & Crutcher LLP, 21 200 Park Avenue, New York, New York, pursuant 22 to court order, before Laurie A. Collins, a 23 Registered Professional Reporter and Notary 24 Public of the State of New York. 25 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 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 SRIPRIYA NARASIMHAN, ESQ. 17 MATTHEW BENJAMIN, ESQ. 18 AMANDA AYCOCK, ESQ. 19 20 ALSO PRESENT: 21 CODY DETWEILER 22 JERRY LaPORTE 23 GUS LESNEVICH 24 PETER TYTELL 25 DMITRY ZVONKOV, Videographer 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 82 1 2 3 4 Blanco document with VSC? A. No. That's kind of the same question as UV and infrared. But no, I did not. 5 Q. You did not use a VSC? 6 A. No, I did not bring one. 7 Q. You have a portable VSC; correct? 8 A. Well, I have a -- I have a VSC 4 plus. 9 10 11 12 13 I wouldn't really call that portable. I do have a portable system that I've developed. Q. I see. But you did not bring that to this inspection; correct? A. Correct, because it was my 14 understanding Mr. Stewart was going to do those 15 analyses. 16 17 18 Q. You did not use a stereomicroscope in your examination; correct? A. Well, not a stereomicroscope. I used 19 my close-up lens on my camera, which is better 20 than a lot of portable microscopes. 21 22 23 Q. I see. And what's the make and model of the camera? A. Well, it's a Canon camera, but what's 24 significant is the lens. 25 very good lens. 212-279-9424 It's an $1100 lens, a VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 117 1 2 Blanco Q. My question was, as you have 3 acknowledged, which you just did a few moments 4 ago, when the "work for hire" document was 5 provided for inspection on July 14th, the ink 6 could have been faded; right? 7 acknowledged that a few minutes prior. You just 8 I'm not talking about your declaration; 9 I'm talking about what we were just talking about, 10 because you weren't in fact there. 11 A. All right. 12 Q. Am I correct that on that morning of 13 14 15 the 14th the ink could very well have been faded? A. When it appeared and was unveiled, you're asking me. 16 Q. Right, yes. 17 A. Yes, some fading, some damage, some 18 typical -- actually probably a little beyond 19 typical damage just in as much as there were 20 pretty extreme environmental storage conditions. 21 Q. Right. And that could have led -- 22 well, for whatever reasons, there could have been 23 faded ink on the morning of July 14th, as 24 Mr. Tytell put in his declaration; correct? 25 A. 212-279-9424 Well, I'd say yes. VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 118 1 Blanco 2 Q. Do you think that Mr. Tytell is lying? 3 A. No, no. 4 5 6 he's looking at. Q. lying. So he -- when he -- But my question is do you think he's You answered that. 7 8 But it's a judgment call what MR. BOLAND: Objection. You're interrupting his question -- response. 9 MR. SOUTHWELL: 10 MR. BOLAND: 11 A. 13 my answer -- 14 Q. 15 or not. 16 A. You have done that several times now, Alex. 12 No, his response. 17 18 19 question. Q. I don't think he's lying, but to finish My question is do you think he's lying I think you rolled out of another Can we read it back, go back a couple? I'll read it to you. I'll ask the court reporter to read it to you at line 121. 20 (Discussion off the record.) 21 (Record read as follows: Right. And 22 that could have led -- well, for whatever 23 reasons, there could have been faded ink on 24 the morning of July 14th, as Mr. Tytell put in 25 his declaration; correct?) 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 119 1 2 Blanco A. That's what I want to answer, and so, 3 no, I'm not saying he's lying. 4 to believe he's lying. 5 I have no reason But when a person is looking at 6 something and then they report that I see fading 7 or deterioration, well, what level was that? 8 That's the question I'm -- I'm confronted with is 9 did he see a little and he reported that or did 10 it -- was there a lot. 11 he says there's a lot, what does that really mean 12 to him. 13 And so that -- and even if So that's where there's a bit of 14 confusion on my part in trying to assess that. 15 Again, I'm trying to assess that without getting 16 native format production of your experts' 17 documents and imagery. 18 just mean imagery. 19 Q. When I say "documents," I If Mr. Tytell testified that the 20 appearance of the ink did not change between July 21 14th and July 15th, would he be lying then? 22 A. No, it doesn't mean he's lying. 23 could be wrong. 24 be wrong doesn't mean you're lying. 25 Q. 212-279-9424 It doesn't mean he's lying. He To And if he were to testify to that, you VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 159 1 2 Blanco that Mr. Rantanen did. 3 Am I pronouncing that right, Rantanen? 4 Q. No, but that's okay. 5 A. Okay. 6 Q. We won't tell? 7 A. That's what I've been saying the whole 8 9 time. That's what I thought it was. Q. But right. You make certain assertions 10 about his results. Those are among the additional 11 opinions that you have, including handwriting and 12 staple analysis, the impression analysis, all of 13 which go to support your general opinion, as you 14 set out in your report, that the Facebook 15 contract, the "work for hire" contract, is an 16 authentic, unaltered document; right? 17 A. Yes. 18 Q. And with the exception of the 19 handwriting analysis, which we will talk about 20 momentarily. 21 handwriting analysis, all of the other additional 22 opinions which you set out in your report are 23 completely consistent with the hypothetical that 24 Mr. Ceglia forged both pages of the "work for 25 hire" document at the same time; correct? 212-279-9424 But with the exception of the VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 160 1 2 Blanco A. It would be consistent -- to be clear, 3 that's not my opinion, but you gave me the 4 hypothetical -- 5 Q. Yeah. 6 A. -- and in that hypothetical, 7 irrespective of the handwriting, as you said, then 8 that would be consistent, yes. 9 Q. Now, you understand best practices in 10 conducting forensic examination of documents, and 11 one tenet of that would be that all portions of a 12 questioned document are important to consider in 13 rendering an evaluation; right? 14 15 16 17 18 A. Yes, to the extent that you can perform detailed analysis of everything that you can, yes. Q. So that would be all writings, markings, and accompaniments to a document? A. To the extent that you can have time to 19 examine them, explore them, consider them, and 20 write about them in a report, yes. 21 Q. So by "accompaniments," something like 22 an envelope in which a document was found or 23 something like a staple that kept a document 24 together, those are the important pieces of 25 evidence to consider in rendering an evaluation of 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 262 1 Blanco 2 However, I've done this and I've seen 3 it done. 4 would use other things, anything handy to hold 5 down a document, even a penny, a couple of dimes, 6 a quarter, whatever was handy to place on the 7 document to hold it down. 8 9 10 When I was at government crime labs, we So it is common practice to do something -- to use something. Q. So your basis for asserting this 11 possibility is that you believe it's common 12 practice, but you don't actually have any factual 13 basis for suggesting that this theory occurred 14 with respect to this "work for hire" document; 15 correct? 16 A. Correct. 17 Q. The other possible explanation you 18 speculate about with respect to the fluorescent 19 tabs is that an ungloved hand wearing suntan 20 lotion or something similar may have touched the 21 document and left deposits of suntan lotion in 22 those particular locations; right? 23 A. 24 powder. 25 Q. 212-279-9424 Yes, or something else, such as talcum Now, do you have any specific factual VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 263 1 Blanco 2 basis that this in fact affected this "work for 3 hire" document? 4 A. No. 5 Q. This is, again, just speculation about 6 a possibility; correct? 7 A. It is. 8 Q. Now, in your report at page 76, you 9 include copies of some of the images taken by 10 Mr. Tytell of the "work for hire" document on July 11 14th, 2011; right? 12 A. Yes. 13 Q. Those images show the fluorescent tabs 14 that we've just been talking about that both you 15 and defendants' experts described in your reports? 16 A. Yes. 17 Q. Mr. Tytell was the first expert to 18 examine the document; right? 19 A. Yes. 20 Q. And Mr. Tytell's images here clearly 21 show that the fluorescent tabs exist; correct? 22 A. I'm trying to get located here. 23 Q. Paragraph 201, page 76. 24 A. I'm with you, yes. 25 Q. Your Figure 14. 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 264 1 Blanco 2 A. Yes, go ahead. 3 Q. Those images clearly show the 4 fluorescent tabs exist; right? 5 A. Yes. 6 Q. So, Mr. Blanco, you have no reason to 7 believe the fluorescent tabs were not present on 8 the document at 9:11 a.m. on July 14th when 9 Mr. Tytell took the first images of the "work for 10 11 12 13 hire" document, do you? A. I don't have any factual basis for that, to believe that, no. Q. You have no basis to know when the 14 fluorescent tabs appeared on the "work for hire" 15 document; right? 16 A. Right. And I think I said towards the 17 end of this discussion, the truth is none of the 18 experts really know where these came from. 19 Q. And you note in your report that the 20 "work for hire" document was stored in such a way 21 that it had to endure extreme variations in 22 temperature and changes in humidity over the 23 years; right? 24 A. Yes. 25 Q. You mentioned in your report these 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 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?