Ceglia v. Zuckerberg et al

Filing 133

AFFIDAVIT in Support re 131 MOTION for Discovery Objections to Magistrate Judge Foschio's August 18, 2011 Order filed by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Lake, Jeffrey)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Plaintiff, : : v. : : MARK ELLIOT ZUCKERBERG and : FACEBOOK, INC., : : Defendants. ------------------------------------ x Civil Action No. 1:10-cv-00569RJA PLAINTIFF’S CERTIFICATION PURSUANT TO LOCAL RULE 72(c) The following argument was not raised before Magistrate Judge Foschio for the following reason: 1. “Even if the Court construes Magistrate Judge Foschio’s August 18 Order as a proper order for additional expedited discovery, the order is clearly erroneous.” (Objections at 4.) This argument was not raised at oral argument on August 17, 2011 because the focus of the arguments concerning the email accounts was their relation to the July 1 Order requiring production of the native emails attached to the Amended Complaint. At the time, it did not appear that Magistrate Judge Foschio was considering Defendants’ request as a request for additional expedited discovery. Dated: September 2, 2011 Respectfully submitted, s/ Jeffrey A. Lake Attorney for Plaintiff 835 Fifth Avenue, Suite 200A San Diego, CA 92101 (619) 795-6460 jlake@lakeapc.com s/ Paul Argentieri Attorney for Plaintiff 188 Main Street Hornell, NY 14843 (323) 919-4513 paul.argentieri@gmail.com