Ceglia v. Zuckerberg et al

Filing 102

DECLARATION signed by Alexander H. Southwell re 101 MOTION for Leave to File Motion to Substitute Redacted Document filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A)(Southwell, Alexander)

EXHIBIT A

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.
------------------------------------ x

REDACTED NOTICE OF
CROSS-MOTION TO COMPEL
Civil Action No. 1:10-cv-00569RJA

PLEASE TAKE NOTICE that upon the accompanying Redacted Memorandum of Law,
the annexed Redacted Declaration of Alexander H. Southwell, Esq., Declarations of Terrance
Flynn, Esq., and Dr. Albert Lyter III, and accompanying exhibits, the undersigned will move this
Court, on August 17, 2011, or as soon thereafter as the motion may be heard by this Court, to
compel Plaintiff's compliance with this Court's July 1, 2011 Order under Federal Rule of Civil
Procedure 37, and for an order:
(1) Directing Ceglia to comply with the provision of the Order requiring him to produce
several specific categories of electronic documents, including copies of the purported contract in
the possession of Ceglia's lawyers or experts, and to produce the [REDACTED] whose very
existence he has concealed;
(2) Directing Ceglia to comply with the provision of the Order requiring him to certify
that he has produced all the electronic assets called for by the Order;
(3) Directing Ceglia’s current attorneys to file certifications under Rule 11 that they are
maintaining this lawsuit in good faith and based upon a reasonable investigation of the
underlying facts;

(4) Directing Ceglia to permit additional ink sampling of the purported contract and
“spec sheet”;
(5) Granting in camera review of two documents as to which Ceglia has asserted
attorney-client privilege to determine whether the privilege has been properly invoked;
(6) Overruling Ceglia’s abusive and improper designation of all 120 relevant electronic
documents and data items found to date on his computers, CDs and floppy disks — including the
[REDACTED] — as “confidential” documents that cannot be disclosed under the joint stipulated
protective order.
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
August 4, 2011
Respectfully submitted,
/s/ Orin Snyder
Orin Snyder
Alexander H. Southwell
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, NY 10166-0193
[phone]

Thomas H. Dupree, Jr.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, NW
Washington, DC 20036
[phone]
Terrance P. Flynn
HARRIS BEACH PLLC
726 Exchange Street
Suite 1000
Buffalo, NY 14210
[phone]

Attorneys for Defendants Mark Zuckerberg and Facebook, Inc.

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