Ceglia v. Zuckerberg et al

Filing 101

MOTION for Leave to File Motion to Substitute Redacted Document by Facebook, Inc., Mark Elliot Zuckerberg.(Southwell, Alexander)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Plaintiff, : : v. : : MARK ELLIOT ZUCKERBERG and : FACEBOOK, INC., : : Defendants. ------------------------------------ x NOTICE OF MOTION AND MOTION TO SUBSTITUTE REDACTED DOCUMENT Civil Action No. 1:10-cv-00569RJA PLEASE TAKE NOTICE that Defendants Mark Elliot Zuckerberg and Facebook, Inc. submit this Motion to Substitute a Redacted Document for Defendants' Notice of Cross-Motion (Doc. No. 95). Out of an abundance of caution not necessarily required by the Joint Stipulated Protective Order (the "Protective Order") (Doc. No. 86), Defendants intended to file a Notice of Cross-Motion that redacted four words which may reflect information that Plaintiff has designated as confidential under the Protective Order. Declaration of Alexander H. Southwell ("Southwell Declaration"), ¶ 5. Instead, counsel inadvertently filed an unredacted Notice of Cross-Motion on the CM/ECF system. Id., ¶ 2. After discovering this error, counsel called the ECF Help Desk and the Clerk's Office, and secured a full temporary lock on the inadvertently filed document, in order to ensure that the document is not publicly accessible. Id., ¶¶ 3-4. Plaintiff's blanket confidentiality designations are abusive and improper, and Defendants have moved to overrule them. However, out of an abundance of caution, Defendants have endeavored to redact any text that might reflect information designated as confidential by Plaintiff. Accordingly, Defendants respectfully request that the Clerk's Office substitute the redacted Notice of Cross-Motion (attached as Exhibit A to the accompanying Southwell Declaration) for the inadvertently filed unredacted Notice of Cross-Motion (Doc. No. 95) on the CM/ECF system. Dated: New York, New York August 5, 2011 Respectfully submitted, /s/ Alexander H. Southwell Orin Snyder Alexander H. Southwell GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue, 47th Floor New York, NY 10166-0193 (212) 351-4000 Thomas H. Dupree, Jr. GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, NW Washington, DC 20036 (202) 955-8500 Terrance P. Flynn HARRIS BEACH PLLC 726 Exchange Street Suite 1000 Buffalo, NY 14210 (716) 200-5120 Attorneys for Defendants Mark Zuckerberg and Facebook, Inc. 2