Ceglia v. Zuckerberg et al

Filing 553

MOTION for Discovery 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 DEFENDANTS’ MOTION FOR PRODUCTION Civil Action No. 1:10-cv-00569RJA PLEASE TAKE NOTICE that upon the accompanying Memorandum, the annexed Declarations of Alexander H. Southwell, Esq. and Amanda M. Aycock, Esq., and accompanying exhibits, Defendants move this Court for an order: (1) Directing Plaintiff Paul Ceglia and his expert Larry Stewart to produce any and all documents reflecting Stewart’s sampling of the Work for Hire Document and Specifications Document, including documents reflecting Stewart’s ink sampling, if any, and the two pages of inventories that Stewart used at the July 25, 2011 inspection to record the contents of his sampling vials; (2) Directing Stewart to provide a sworn declaration (a) stating clearly whether the paper samples he sent to Rantanen were extracted from the Work for Hire Document or the Specifications Document, and citing any documentary support; (b) stating clearly whether he took ink samples from the Work for Hire Document and Specifications Document and, if so, how many he took, when, from where, and how many he has in his possession today; and (c) stating that he has produced directly to Defendants any and all inventories of all his vials of samples taken from the Work for Hire Document and Specifications Document, including the two pages of inventories that he used at the July 25, 2011 inspection to record the contents of his sampling vials. (3) Directing Ceglia to comply with the order within one week; and (4) Awarding Defendants their attorneys’ fees and costs, and all other relief to which they may be entitled. 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 September 27, 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