Ceglia v. Zuckerberg et al

Filing 16

ORDER granting 12 Motion to Expedite and staying the Temporary Restraining Order that was granted on June 30, 2010 pending hearing on motion to dissolve scheduled for July 20, 2010. Signed by Hon. Richard J. Arcara on 7/16/2010. (JMB)

Ceglia v. Zuckerberg et al Doc. 16 Case 1:10-cv-00569-RJA Document 16 Filed 07/16/2010 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _________________________________________ PAUL D. CEGLIA, Plaintiff, v. MARK ELLIOT ZUCKERBERG, Individually, and FACEBOOK, INC., Defendants. _________________________________________ Civil Action No.: 1:10-cv-00569-RJA ORDER Upon the motion of Defendants Mark Elliot Zuckerberg and Facebook, Inc. ("Defendants") for an Expedited Hearing on Defendants' Motion to Dissolve Temporary Restraining Order; the affidavit of Michael B. Powers, Esq., sworn to July 15, 2010; Defendants' Memorandum of Law in Support of the Application for Expedited Hearing on the Motion to Dissolve Temporary Restraining Order; Defendants' Motion to Dissolve Temporary Restraining Order (Docket No. 4); Defendants' Memorandum of Law in Support of the Motion to Dissolve Temporary Restraining Order (Docket No. 5); the Declaration of Lisa T. Simpson, Esq. in Support of Motion to Dissolve Temporary Restraining Order (Docket No. 6); and upon all of the pleadings and proceedings herein; and after due deliberation it is hereby: ORDERED that Defendants' Application for Expedited Hearing on Defendants' Motion to Dissolve Temporary Restraining Order is granted; and it is further ORDERED that based upon a prima facie showing in defendants' papers that the Temporary Restraining Order may have expired under its own terms and/or that the Temporary Dockets.Justia.com Case 1:10-cv-00569-RJA Document 16 Filed 07/16/2010 Page 2 of 2 Restraining Order is impermissibly vague and overbroad, the June 30, 2010 Temporary Restraining Order granted by the New York State Supreme Court, Allegany County, is stayed pending determination of defendants' Motion on July 20, 2010; and it is further ORDERED, that oral argument on defendants' motion will proceed on July 20, 2010 as scheduled. SO ORDERED: s/Richard J. Arcara HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE Buffalo, New York July 16, 2010