Ceglia v. Zuckerberg et al

Filing 636

DECLARATION signed by Alexander H. Southwell re 635 Reply/Response 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)(Snyder, Orin)

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EXHIBIT A 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 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 121 1 2 Blanco Thirty-four, you said? 3 Q. Thirty-three. 4 A. Okay. 5 Q. Thirty-three. 6 A. Oh, I was looking at page 33. 7 Q. In that paragraph you write, The Okay, which paragraph? 8 settlement agreement vacating the AAFS's expulsion 9 order expressly stated the vacation of the 10 expulsion was without any -- without a finding of 11 wrongdoing or fault on my part. 12 Is that what you wrote there? 13 A. Yes, yes. 14 Q. And, Mr. Blanco, isn't it accurate that 15 a condition of your settlement agreement -- as a 16 condition of your settlement agreement AAFS also 17 required that you resign from the organization; 18 correct? 19 A. I agreed to resign, yes. 20 Q. And that you were forbidden from ever 21 applying for membership in the AAFS again; 22 correct? 23 24 25 A. Yes, or that I wouldn't. I believe it says -- it's the same idea. Q. 212-279-9424 Right. And the settlement agreement VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 297 1 2 Blanco correct? 3 A. That was their allegation. 4 Q. And you recited some language out of 5 the settlement agreement, including the 6 integration clause, and cited us to Black's Law 7 Dictionary for the integration of that clause. 8 A. Yes. 9 Q. You're aware, however, the academy has 10 made it clear that no money was paid to anyone in 11 the settlement and that the ethics committee's 12 findings were not overturned or vacated; right? 13 A. That's the part where I said no earlier 14 when you asked me about that. That is not -- that 15 is -- that's what they claim, but it's not 16 correct, because I think you asked me is it 17 correct. 18 Q. Right. 19 A. No, that's not correct. They're wrong. 20 In fact, you have the same Joe Bono there who 21 signed the investment agreement repudiating the 22 contract he signed. 23 ridiculous. 24 25 Q. He has a JD degree. It's So you understand that his position is that the ethics committee findings were not 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430 Page 298 1 2 Blanco overturned or vacated? 3 A. I understand he claimed that in the 4 settlement agreement, because there was a lot of 5 push back for what happened for their decision, as 6 I heard through the pipeline. 7 that he's also repudiating -- by saying that he's 8 repudiating the very agreement he put his 9 signature on. 10 Q. But I understand You think he's repudiating that and 11 he's forbidden from saying that due to the 12 integration clause? 13 A. I would say technically he shouldn't 14 have said that, because that's what an -- you're 15 an attorney. 16 is. 17 entire agreement. 18 goes on to try to attempt to modify it in the eyes 19 of the membership to save face. 20 21 22 23 24 25 That's what an integration clause It's the entire agreement. Q. It says it's the It should not be modified. He How is he modifying the agreement in the eyes of the membership? A. With the very claim you just quoted that he said in the newsletter. Q. Which is that the ethics committee's decision that you had submitted an erroneous and 212-279-9424 VERITEXT REPORTING COMPANY www.veritext.com 212-490-3430

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