Ceglia v. Zuckerberg et al

Filing 322

MOTION to Stay Discovery and Defer Setting a Discovery Schedule by Facebook, Inc., Mark Elliot Zuckerberg.(Snyder, Orin)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK -----------------------------------PAUL D. CEGLIA, Plaintiff, v. MARK ELLIOT ZUCKERBERG and FACEBOOK, INC., Defendants. ------------------------------------ x : : : : : : : : : x NOTICE OF MOTION TO STAY DISCOVERY PENDING A RULING ON DEFENDANTS’ DISPOSITIVE MOTIONS Civil Action No. 1:10-cv-00569RJA PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law and Declaration of Alexander H. Southwell, Esq., with accompanying exhibits, the undersigned move this Court to stay discovery in this matter until this Court resolves Defendants’ dispositive motions and defer the setting of a discovery schedule, and for an order: (1) Staying discovery pending a ruling on Defendants’ dispositive motions; and (2) Deferring the setting of a discovery schedule pending a ruling on Defendants’ dispositive motions and further proceedings. PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure 7.1(d) of this Court, Defendants seek an expedited hearing and briefing schedule on this motion. Defendants respectfully request that, in the interest of judicial economy, the Court should hear this motion during the previously scheduled April 4, 2012 hearing. Specifically, Defendants request that Ceglia should be ordered to file any brief in opposition to this motion on or before April 1, 2012, and Defendants should be ordered to file any reply memorandum in support of this motion on or before April 3, 2012. PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure 7 of this Court, Defendants request oral argument and state their intention to file and serve reply papers. Dated: New York, New York March 26, 2012 Respectfully submitted, /s/ Orin Snyder Orin Snyder Alexander H. Southwell GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue, 47th Floor New York, NY 10166-0193 (212) 351-4000 Thomas H. Dupree, Jr. GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, NW Washington, DC 20036 (202) 955-8500 Terrance P. Flynn HARRIS BEACH PLLC 726 Exchange Street Suite 1000 Buffalo, NY 14210 (716) 200-5120 Attorneys for Defendants Mark Zuckerberg and Facebook, Inc. 2