Ceglia v. Zuckerberg et al

Filing 358

MOTION Notice of Motion and Incorporated Motion for Clarification re 357 Decision and Order by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Young, Jennifer)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA, Plaintiff, NOTICE OF MOTION AND INCORPORATED MOTION FOR CLARIFICATION v. MARK ELLIOT ZUCKERBERG and FACEBOOK, INC., 1:10-cv-00569-RJA Defendants. PLEASE TAKE NOTICE that Plaintiff moves the Court for clarification of the Decision and Order (“Order”) [Dkt. No. 357] entered on April 19, 2012. PLEASE TAKE FURTHER NOTICE that, pursuant to Local Rule 7(d), Plaintiff respectfully requests expedited scheduling on this Motion so that Plaintiff may obtain the clarification requested herein prior to the April 30, 2012 deadline set forth in the Order. See Order at 20 (directing that documents must be produced within 10 days). PLEASE TAKE FUTHER NOTICE that, pursuant to Local Rule 7(a)(1), Plaintiff intends to submit a reply if this Motion is opposed. Request for Clarification Regarding Privilege Log Item 379 After conducting an in camera review, the Court ruled that Plaintiff must produce Privilege Log Item 334, in redacted form, and Privilege Log Items 348, 360, and 379 in their entirety. See Order. Plaintiff requests clarification of the Court’s Order regarding Privilege Log Item 379. Privilege Log Item 379 is a composite of numerous emails, many of which are duplicates and are not in date order, that was forwarded by Aaron Marks, an attorney at Kasowitz, Benson, Torres & Friedman LLP whom Plaintiff approached for representation, to attorneys at DLA Piper LLP, Plaintiff’s prior counsel. As explained therein, Mr. Marks forwarded the emails to DLA Piper as a means of transferring his electronic correspondence regarding the case to the attorneys then representing Plaintiff. The Court ruled that Privilege Log Item 379 is not privileged because Jason Holmberg, who is not an attorney, was included on certain of the emails contained therein.1 See Order at 10. However, a significant number of the emails contained in Privilege Log Item 379 did not include Mr. Holmberg. As the Court’s Order directing production of Privilege Log Item 379 was based on the inclusion of Mr. Holmberg, Plaintiff respectfully requests clarification that Plaintiff may redact those emails contained in Privilege Log Item 379 that did not include Mr. Holmberg. Dated: April 23, 2012 Respectfully submitted, s/ Jennifer L. Young 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 1 In the interest of candor, Plaintiff discloses to the Court that he may object to the Order. See Fed. R. Civ. P. 72(a). 2 Dean Boland Boland Legal, LLC 1475 Warren Road Unit 770724 18123 Sloane Avenue Lakewood, OH 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 Peter K Skivington Jones & Skivington 31 Main Street P.O. Box 129 Geneseo, NY 14454 585-243-0313 phone 585-243-3625 fax peter@jsklaw.com 3