Ceglia v. Zuckerberg et al

Filing 351

MEMORANDUM/BRIEF re 338 Text Order, In Opposition to Defendants' Supplemental Attorney Fee Application by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Boland, Dean)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA, PLAINTIFF’S RESPONSE TO DEFENDANTS’ SUPPLEMENTAL FEE APPLICATION Plaintiff, v. MARK ELLIOT ZUCKERBERG and FACEBOOK, INC. 1:10-cv-00569-RJA Defendants. In previous Orders, this court granted in part Defendants’ fee application, awarding Defendants $75,776.70 in attorneys’ fees expended in moving for sanctions against Plaintiff . See Order, Doc. No. 292. That same Order directed Defendants to file “affidavits of attorney’s fees and costs incurred preparing and defending the Fee Application.” Id. Following that, Defendants filed a Supplemental Fee Application and supporting declaration. Doc. Nos. 299-300. The Court directed Plaintiff to respond to Defendants’ Supplemental Fee Application by April 13, 2012. See Order, Doc. No. 338. This filing is Plaintiff’s response in accordance with that Order. Plaintiff incorporates by reference the legal and factual arguments previously made regarding Defendants’ attorney fee calculations and rates. See Doc. No. 288. However, Plaintiff recognizes this Court has previously overruled those arguments. See Order, Doc. No. 292. Plaintiff has already been ordered to pay Defendants’ attorneys’ fees in the amount of $75,766.70. Plaintiff submits that an additional fee award of $42,460.31 would be unduly punitive and disproportionate to the amount of the initial fee request. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that the Court deny Defendants’ Supplemental attorney fee calculations and rates submitted as part of Doc. No. 300. In the event that the Court should award Defendants attorneys’ fees, Plaintiff respectfully requests that he be directed to pay those fees within 60 days of the conclusion of this action. Respectfully submitted, /s/Dean Boland Sanford P. Dumain Jennifer L. Young Melissa Ryan Clark Milberg LLP One Pennsylvania Plaza, 48th Floor New York, NY 10119 212-594-5300 phone 212-868-1229 fax sdumain@milberg.com jyoung@milberg.com mclark@milberg.com Dean Boland 1475 Warren Road Unit 770724 Lakewood, Ohio 44107 216-236-8080 phone 866-455-1267 fax dean@bolandlegal.com Robert B. Calihan Calihan Law PLLC 16 West Main Street Suite 761 Rochester, NY 14614 585-232-8291 phone 866-533-4206 fax rcalihan@calihanlaw.com Paul A. Argentieri 188 Main Street Hornell, NY 14843 607-324-3232 phone 607-324-6188 paul.argentieri@gmail.com 2 Peter K Skivington Jones & Skivington 31 Main Street PO Box 129 Geneseo, NY 14454 585-243-0313 phone 585-243-3625 fax Peter@jsklaw.com 3