Ceglia v. Zuckerberg et al

Filing 97

DECLARATION signed by Alexander H. Southwell re 95 Cross MOTION to Compel, 91 MOTION to Compel Defendant Zuckerberg's Compliance with the Court's Order of July 1, 2011 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, # 19 Exhibit S, # 20 Exhibit T)(Southwell, Alexander)

EXHIBIT C

Orin Snyder
Direct: +1 212.351.2400
Fax: [phone]
[e-mail]
Client: 30993-00011

July 13, 2011
VIA ELECTRONIC MAIL
Jeffrey A. Lake, Esq.
Jeffrey A. Lake A.P.C.
835 5th Avenue, Suite 200A
San Diego, California 92101
Re:

Ceglia v. Zuckerberg and Facebook, Inc., No. 1:10-cv-569 (RJA)

Dear Mr. Lake :
We write to confirm your agreement that the Hard Copy inspection will begin at 9:00 a.m. on
July 14, 2011 at the offices of Harris Beach LLC. Additionally, the Electronic Asset
inspection will begin at 9:00 a.m. on Friday, July 15, 2011, at the offices of Project
Leadership Associates, 120 South LaSalle, Suite 1200, Chicago, IL; Sylint, 240 N.
Washington Blvd., Suite 240, Sarasota, FL; and Harris Beach LLC in Buffalo.
We understand that Mr. Argentieri will be delivering the Hard Copy Documents to the
offices of Harris Beach LLC on July 14th from the Steuben Trust Company safe-deposit box,
where Mr. Argentieri has stated the purported original contract has been stored. See
Argentieri Decl., ¶ 3. In order that we may have a clear picture of the chain of custody for
our experts, and given the risk of past and future document fabrication by Plaintiff in this
case—a significant concern substantiated by Judge Foschio during oral argument during the
June 30, 2011 hearing —we request the records, dating from January 1, 2010 to the present,
from the Steuben Trust Company documenting access to the safe-deposit box in which the
purported original contract has been stored. In the event that Plaintiff refuses to produce
these records, Defendants will seek judicial intervention. Please confirm that you will
provide these access records as soon as possible and no later than July 14th at 12:00 p.m.
In addition, as you know, Plaintiff has had an ongoing duty to preserve all evidence relevant
to this litigation since at least June 30, 2010. Indeed, we reminded your client of that
obligation in a letter to Plaintiff's former counsel, Terrence Connors, dated July 30, 2010.
Every computer or other electronic media that Plaintiff has used since the commencement of
this litigation and before is relevant to the critical threshold issue: the authenticity of the
purported contract and alleged emails. Thus, we expect that all of those electronic assets
remain in Plaintiff's possession, custody, or control, and will be produced to Defendants on
or before July 15, 2011, pursuant to the Court’s Order. Furthermore, we expect Plaintiff to

Jeffrey A. Lake, Esq.
July 13, 2011
Page 2

include in his sworn declaration required by the July 1st Order a statement certifying that he
has preserved all such computers or other electronic media and produced all of those
electronic assets to Defendants. See Order at 2. If Plaintiff refuses to certify compliance
with his preservation obligations in this manner, Defendants will seek judicial intervention
and an order directing him to do so.
Very truly yours,

/s/
Orin Snyder
101110404.5