Ceglia v. Zuckerberg et al

Filing 268

MEMORANDUM IN SUPPORT re 267 MOTION to Strike Notice of Motion, 266 Memorandum/Brief Doc. No. 266 byPaul D. Ceglia. (Attachments: # 1 Certificate of Service)(Boland, Dean)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA, Civil Action No. : 1:10-cv-00569-RJA Plaintiff, v. MOTION TO STRIKE DOC. NO. 266. MARK ELLIOT ZUCKERBERG, Individually, and FACEBOOK, INC. Defendants. MEMORANDUM This court issued the following orders regarding briefing a variety of issues in this case which the court set for hearing on December 13, 2011. 1. COURT ORDER Doc. No. 211 setting Defendant Response date to Doc. No. 188 and 198 at November 28, 2011 and Plaintiff Reply Date to December 8, 2011. No extra briefing by either party authorized. 2. COURT ORDER Doc. No. 222 setting Plaintiff’s response date to Doc. No. 216 for November 28, 2011 and Defendants reply date to December 8, 2011. No extra briefing by either party authorized. 3. COURT ORDER Doc. No. 222 setting Defendants’ response date to Doc. No. 212 and 213 for November 28, 2011 and Plaintiff’s reply date to December 8, 2011. No extra briefing by either party authorized. 4. COURT ORDER Doc. No. 251 setting Plaintiff’s response date to Doc. No. 243 for 1 December 12, 2011. No extra briefing by either party authorized. In contravention of the letter and spirit of the above court orders, Defendants filed Doc. No. 266 including arguments in response to Plaintiff’s reply to every motion currently pending before the court. Although Plaintiff has decisive responses, many of which the court has reviewed in filed papers, and others that will now be reserved for oral argument tomorrow, he declines to file a competing brief in an attempt to be permitted to have the last brief on the motions he filed as the court’s orders required. Instead, he respectfully requests this court strike Doc. No. 266 as it violates the court’s order. 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