Ceglia v. Zuckerberg et al

Filing 652

MOTION for Extension of Time to File and For Additional Pages by Paul D. Ceglia. (Attachments: # 1 Declaration in Support of Motion, # 2 Text of Proposed Order, # 3 Certificate of Service)(Argentieri, Paul)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ___________________________________ : PAUL D. CEGLIA, : : Plaintiff, : : v. : : MARK ELLIOT ZUCKERBERG and : FACEBOOK, INC. : : Defendants. : ___________________________________ : Civil Action No. 1:10-cv-00569-RJA PLAINTIFF’S MOTION TO ENLARGE TIME TO FILE OBJECTIONS TO MAGISTRATE’S REPORT AND RECOMMENDATION AND TO INCREASE THE PAGE LIMIT Pursuant to the Order entered by the Magistrate Judge on March 26, 2013, Fed. R. Civ. P. 6(b), Local Rule 72(b), and with the consent of Defendants, Plaintiff Paul D. Ceglia respectfully moves this Court for an Order enlarging the time within which Plaintiff may file and serve his written objections, pursuant to Fed. R. Civ. P. 72(b)(2), to the Magistrate Judge’s Report and Recommendation dated March 26, 2013, up to and including April 15, 2013, and to permit an increase in the allowable page limits. In support thereof Plaintiff states as follows: 1. Paul A. Argentieri (“Argentieri”) is one of the attorneys for Plaintiff in this action and has responsibility for the preparation, filing and serving of Plaintiff’s written objections to the Magistrate Judge’s Report and Recommendation dated March 26, 2013. Declaration of Paul A. Argentieri in Support of Plaintiff’s Motion to Enlarge Time to File Objecttions to Magistrate’s Report and Recommendation and to Increase the Page Limit (“Argentieri Dec.”) ¶ 1. 2. Currently, Plaintiff’s written objections to the Report and Recommendation are due April 9, 2013. Id. 3. The Magistrate Judge’s Report and Recommendation is 152 pages long and involves numerous, complex, mixed questions of mixed law and fact. Argentieri Dec. ¶ 4. Although counsel for Plaintiff has been working diligently to prepare Plaintiff’s objections, he requires an additional seven days in which to file, up to and including April 15, 2013. Id. Counsel for Plaintiff also requests leave to file objections of up to 50 pages, or an additional 25 pages. Id. 4. Plaintiff’s counsel spoke with Defendants’ counsel Alexander H. Southwell, Esq., on April 9, 2013, and Defendants’ counsel consented to the relief requested in this motion. At the same time, Defendants’ counsel requested of Plaintiff’s counsel’s his consent to Defendants’ request to have until May 6, 2013, to file Defendants’ opposition and to be allowed the same increase in pages as Plaintiff has requested. Plaintiff’s counsel consented to the request. Argentieri Dec. ¶ 5. 5. This motion is timely made and is not being made for purposes of delay, but in good faith. Argentieri Dec. ¶ 6. WHEREFORE, for the above reasons, Plaintiff respectfully requests that the Court grant this motion. Respectfully submitted, s/ Paul A. Argentieri Paul A. Argentieri 188 Main Street Hornell, NY 14843 Telephone: (607) 324-3232 Facsimile: (607) 324-6188 paul.argentieri@gmail.com