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 G

From:
Sent:
To:
Subject:

Jeffrey A. Lake, Esq. <[e-mail]>
Wednesday, July 13, 2011 5:04 PM
Southwell, Alexander
Hard document testing protocol

Alex,
As we discussed this morning, it will be essential that an examination of the original documents by all of the handwriting
experts be conducted prior to beginning of the destructive testing of the hard copy documents scheduled to commence
on Saturday, July 16, 2011. To that end, we respectfully request that our handwriting expert, James Blanco be permitted
an opportunity to conduct his nondestructive handwriting examination upon the conclusion of your handwriting experts
examination on Friday, July 15, 2011.
In order to give an accurate expert opinion, it is important that each of these examiners be able to compare the wet
signatures and initials on the hard copy documents we are producing this week with wet signatures and initials prepared
by Mark Zuckerberg in the 2003-2004 time period. As such, please bring as many wet signatures and initial samples (as
set forth in the July 1, 2011 Order) to Harris, Beach on Friday, July 15, 2011 so that both side’s handwriting experts can
conduct a thorough analysis of the wet signatures on the documents available that day. If you are unable or unwilling to
do so, please notify us immediately so that we can resolve this issue prior to the original hard copy documents being
permanently altered. Thank you.
Finally, as we discussed this morning, coordination of the experts conducting destructive tests on behalf of the
Defendants should be done in conjunction with the experts from our side so as to limit unnecessary destruction of the
very limited ink found in certain areas of the document, e.g. initials, signatures, etc. As you know there is a possibility
that if not controlled an excessively large ink sample may end up being removed if an examiner chooses to perform ink
"age" determination samples. If an excessive amount of ink is taken, the integrity of the documents may be
compromised. Therefore, we propose limiting the ink analysis samples in such a way as to not allow either side to
cumulatively remove more than 15% of the total samples available on any respective signature, initial or handwritten
portion of a document. That way, if both sides remove a total of 30% there will be a remaining 70% of the particular
sample left behind. We further propose that before any samples are taken, the experts from both sides who are going
to be taking samples (ink, toner, paper, etc.) meet and confer to determine the size, number, locations and methodology
of the samples to be taken from each document. If the experts are unable to agree on such a protocol, we respectfully
request that we notify Judge Foschio at that time so that he can make a judicial determination to resolve this issue
before the original documents are altered in any way.
If you have any questions, suggestions or objections to any of the aforementioned, please contact me as soon as
possible so that we may respond appropriately.
Thank you.
Very truly yours,
Jeff
Jeffrey A. Lake, Esq.
835 5th Ave.
Suite 200A
San Diego, CA 92101
Tel. [phone]
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