Ceglia v. Zuckerberg et al
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,
MARK ELLIOT ZUCKERBERG and
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:
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.
Currently, Plaintiff’s written objections to the Report and Recommendation are
due April 9, 2013. Id.
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
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.
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
s/ Paul A. Argentieri
Paul A. Argentieri
188 Main Street
Hornell, NY 14843
Telephone: (607) 324-3232
Facsimile: (607) 324-6188