Ceglia v. Zuckerberg et al

Filing 198

MOTION for Sanctions NOTICE OF MOTION FOR SANCTIONS FOR SPOLIATION OF EMAIL BY DEFENDANT ZUCKERBERG 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 EVIDENCE BY DEFENDANT MARK ZUCKERBERG MARK ELLIOT ZUCKERBERG, Individually, and FACEBOOK, INC. Defendants. PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law and accompanying exhibits, Mr. Ceglia will move this Court, at a date and time to be set by the Court, for an order: 1. Prohibiting Facebook or Zuckerberg from disputing the authenticity of the Ceglia emails excerpted in the complaint; and 2. Permitting discovery of all emails from Zuckerberg’s Harvard email account wherever copies of those emails may reside, including on the record of other lawsuits in which Zuckerberg was involved even if those records are currently sealed in those cases; and 3. Instructing the jury at trial that the emails deleted by Zuckerberg from his Harvard email account after the date the complaint was filed and he received a litigation hold letter would have been helpful in proving all of Ceglia’s claims; and 1 4. For 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 Mark Zuckerberg. 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 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 2