Ceglia v. Zuckerberg et al
Filing
101
MOTION for Leave to File Motion to Substitute Redacted Document by Facebook, Inc., Mark Elliot Zuckerberg.(Southwell, Alexander)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
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NOTICE OF MOTION AND
MOTION TO SUBSTITUTE
REDACTED DOCUMENT
Civil Action No. 1:10-cv-00569RJA
PLEASE TAKE NOTICE that Defendants Mark Elliot Zuckerberg and Facebook, Inc.
submit this Motion to Substitute a Redacted Document for Defendants' Notice of Cross-Motion
(Doc. No. 95). Out of an abundance of caution not necessarily required by the Joint Stipulated
Protective Order (the "Protective Order") (Doc. No. 86), Defendants intended to file a Notice of
Cross-Motion that redacted four words which may reflect information that Plaintiff has
designated as confidential under the Protective Order. Declaration of Alexander H. Southwell
("Southwell Declaration"), ¶ 5. Instead, counsel inadvertently filed an unredacted Notice of
Cross-Motion on the CM/ECF system. Id., ¶ 2. After discovering this error, counsel called the
ECF Help Desk and the Clerk's Office, and secured a full temporary lock on the inadvertently
filed document, in order to ensure that the document is not publicly accessible. Id., ¶¶ 3-4.
Plaintiff's blanket confidentiality designations are abusive and improper, and Defendants
have moved to overrule them. However, out of an abundance of caution, Defendants have
endeavored to redact any text that might reflect information designated as confidential by
Plaintiff. Accordingly, Defendants respectfully request that the Clerk's Office substitute the
redacted Notice of Cross-Motion (attached as Exhibit A to the accompanying Southwell
Declaration) for the inadvertently filed unredacted Notice of Cross-Motion (Doc. No. 95) on the
CM/ECF system.
Dated:
New York, New York
August 5, 2011
Respectfully submitted,
/s/ Alexander H. Southwell
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.
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