Ceglia v. Zuckerberg et al
RESPONSE in Opposition re 243 Fourth MOTION to Compel MOTION to Expedite Hearing filed by Paul D. Ceglia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Boland, Dean)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Civil Action No. : 1:10-cv-00569-RJA
RESPONSE TO DEFENDANTS’
FOURTH MOTION TO COMPEL
MARK ELLIOT ZUCKERBERG, Individually, and
Defendants’ lack of diligence has led them to couch another false claim within
a frivolous motion to compel.
“[Plaintiff] has failed to identify and produce yet
another collection of electronic items, in violation of this Court’s July 1, 2011, and
August 18, 2011, Orders.” Doc. No. 245 at 1. Specifically, Defendants claim that
Plaintiff has failed to produce “all electronic copies of purported emails.” Defense
counsel Southwell did, in fact, contact the undersigned to resolve this matter. He
was informed that his experts had, in fact, accessed this information months ago.
His response was essentially a demand that Plaintiff’s counsel do his work for him
and help him figure out where this evidence had gone within his own expert’s
catalog of evidence.
“The August 18 Order also required Plaintiff to file a supplemental sworn
declaration….” Id. at 2. After doing Defense counsel’s work for them, it is now clear
that Defendants’ motion was unnecessary had they merely called their own expert
Stroz and had a short phone call.
The 41 floppy disks at issue were given to Paul Argentieri by Paul Ceglia.
Declaration of Paul Argentieri at ¶4. Mr. Argentieri provided them to Jerry Grant
in March 2011 for analysis. Id. Jerry Grant imaged all 41 of those floppy disks. Id.
He analyzed them to determine whether any of them contained what he
considered to be relevant evidence. Mr. Grant then returned those floppy disks to
Mr. Argentieri. Id at ¶5. Those disks were then acquired by Richard Scherer, cocounsel for Mr. Ceglia, of the Mathias Lippes law firm. Id. at ¶6 and Exhibit A.
Those disks were then acquired in Buffalo by a representative of Project Leadership
Associates. (PLA). Id. at ¶7 and Exhibit B. PLA then provided access to all those
floppy disks to Stroz Friedberg. Therefore, as indicated previously, Stroz Friedberg
accessed all 41 floppy disks long before the August orders and declarations. With
all the volume of Electronic Assets already in this case, it is reasonable that Mr.
Ceglia, if he was ever told the whereabouts of these particular 41 floppy disks from
Paul Argentieri to Jerry Grant to Richard Scherer to PLA and produced to Stroz,
neglected to remember that Jerry Grant retained forensic copies of them while Stroz
Friedberg has had access to the originals of these floppy disks.
There is no evidence that Mr. Ceglia intentionally withheld that Mr. Grant
had copies of this evidence. There is no evidence he was ever told the whereabouts
of the original floppy disks or any copies at any point after he gave them to Mr.
For the foregoing reasons, Mr. Ceglia respectfully requests this court deny
Defendant’s Fourth Motion to Compel.
Paul A. Argentieri
188 Main Street
Hornell, NY 14843
18123 Sloane Avenue
Lakewood, Ohio 44107