Ceglia v. Zuckerberg et al

Filing 118

MOTION to Stay re 117 Order, Terminate Motions by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Lake, Jeffrey)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Plaintiff, : : v. : : MARK ELLIOT ZUCKERBERG and : FACEBOOK, INC., : : Defendants. ------------------------------------ x Civil Action No. 1:10-cv-00569RJA PLAINTIFF’S MOTION AND NOTICE OF MOTION TO STAY DISCOVERY PLEASE TAKE NOTICE that the undersigned will and hereby does move the Honorable Richard J. Arcara for an order staying the discovery contemplated in the Court’s August 18, 2011 Order (Doc. No. 117) (Order). Plaintiff has only until August 29, 2011 to comply fully with the Order. Normally, a party has fourteen (14) days to file objections to a magistrate judge’s order adjudicating a nondispositive matter. See F.R.C.P. 72(a). Additionally, the defendants must then have an opportunity to respond after which point the district judge will rule appropriately. See id. Thus, under normal circumstances, it is likely that Judge Arcara will not rule on the objections until after August 29, 2011. As such, Plaintiff currently is left with a “Catch 22” where he must either violate the Order to be heard on his objections or comply with the Order thus rendering his objections moot. Furthermore, the issues pertaining to expedited discovery in this case and the Order itself are complicated and nuanced and will require significant time to brief adequately. /// /// WHEREFORE, Plaintiff respectfully requests that the Court grant this Motion and enter an order staying discovery pending resolution of the subsequent Objections to the Order and enter a briefing schedule as to those Objections. Dated: August 19, 2011 Respectfully submitted, s/ Jeffrey A. Lake Attorney for Plaintiff 835 Fifth Avenue, Suite 200A San Diego, CA 92101 (619) 795-6460 jlake@lakeapc.com s/ Paul Argentieri Attorney for Plaintiff 188 Main Street Hornell, NY 14843 (323) 919-4513 paul.argentieri@gmail.com 2

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