Ceglia v. Zuckerberg et al

Filing 188

MOTION for Sanctions Notice of Motion for Sanctions for Spoliation of Evidence by Defendants by Paul D. Ceglia.(Boland, Dean)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA, Civil Action No. : 1:10-cv-00569-RJA Plaintiff, v. NOTICE OF MOTION FOR SANCTIONS FOR SPOLIATION OF THE FACEBOOK CONTRACT BY DEFENDANTS MARK ELLIOT ZUCKERBERG, Individually, and FACEBOOK, INC. Defendants. PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law and the included Declarations of Paul Argentieri, Larry Stewart, James Blanco and Dean Boland and accompanying exhibits, Mr. Ceglia will move this Court, at a date and time to be set by the Court, for an order: 1. Sanctioning Defendants for spoliation of evidence; and 2. Default judgment against Defendants and the setting of a trial date on damages; and 3. Prohibiting Facebook or Zuckerberg from challenging the authenticity of the Facebook Contract on any basis; and 4. Prohibiting Facebook or Zuckerberg from challenging the authenticity of the Facebook Contract based in any way on its now yellowed appearance; and 5. An instruction to the jury that the parties have stipulated that the yellow appearance of the Facebook Contract is in no way an indication that the 1 document is not authentic and the jury should disregard it’s yellowed appearance in making their determination about the Facebook Contract’s authenticity; and 6. Prohibiting Defendants from making a “page one substitution” argument as they have throughout the hearings in this case; and 7. An adverse instruction to the jury that they should presume that Defendants Facebook and Zuckerberg intentionally damaged Mr. Ceglia's Facebook Contract because the undamaged Facebook Contract would tend to contradict their defense that the Facebook Contract was not genuine; and 8. An order prohibiting Defendants from commenting in any way to the jury about the yellowing that Facebook's experts caused to appear on the Facebook Contract; and 9. Attorney's Fees, Expert Witness Fees and any other relief the court deems proper that was expended in investigating, preparing this motion and conducting any scheduled hearing on the spoliation conduct of Defendants. Pursuant to Local Civil Rule of Procedure 7 of this Court, Plaintiff requests an evidentiary hearing and oral argument and states his intention to file and serve a reply to Defendants’ response to this motion. Respectfully submitted, /s/Dean Boland 2 Paul A. Argentieri 188 Main Street Hornell, NY 14843 607-324-3232 phone 607-324-6188 paul.argentieri@gmail.com Dean Boland 18123 Sloane Avenue Lakewood, Ohio 44107 216-236-8080 phone 866-455-1267 fax dean@bolandlegal.com 3