Ceglia v. Zuckerberg et al

Filing 468

MOTION for Extension of Time to Complete Discovery and to Modify Minute and Order (Doc. No. 348) on Consent of All Parties by Facebook, Inc., Mark Elliot Zuckerberg.(Snyder, Orin)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK -----------------------------------PAUL D. CEGLIA, Plaintiff, v. MARK ELLIOT ZUCKERBERG and FACEBOOK, INC., x : : : : : : : : : x NOTICE OF MOTION TO MODIFY MINUTE AND ORDER ON CONSENT OF ALL PARTIES Civil Action No. 1:10-cv-00569RJA Defendants. -----------------------------------PLEASE TAKE NOTICE that upon the annexed Declaration of Alexander H. Southwell, Esq., the undersigned hereby moves this Court, on consent of all parties, for an Order modifying the currently-scheduled deadline to conclude expert depositions (with the exception of Plaintiff's expert Mr. Erich Speckin, as described in the annexed Southwell Declaration). Specifically, the parties jointly request a ten-day extension of the currently-scheduled deadline to conclude expert depositions from August 4, 2012 to August 14, 2012. The parties' deadlines to submit opposition and reply filings regarding Defendants' motions to dismiss, set forth in the Court’s Minute and Order (Doc. No. 348), would continue to be two months after the close of expert depositions and thirty days after submission of Plaintiff's opposition, respectively. PLEASE TAKE FURTHER NOTICE that, because all parties seek the proposed modification, Defendants do not request oral argument on this motion and state their intention to file and serve reply papers only if necessary. Dated: New York, New York August 3, 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