Ceglia v. Zuckerberg et al

Filing 126

MOTION to Stay re 117 Order, Terminate Motions by Paul D. Ceglia. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit A, # 4 Certificate of Service)(Lake, Jeffrey)

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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Civil Action No. 1:10-cv-00569RJA

PLAINTIFF’S MOTION AND NOTICE OF MOTION TO STAY DISCOVERY
PLEASE TAKE NOTICE that Plaintiff Paul Ceglia will and hereby does move the
Honorable Richard J. Arcara for an order staying the discovery contemplated in paragraph 5 of
the Honorable Leslie G. Foschio’s August 18, 2011 Order (Doc. No. 117) (Order).
The Order provides,
Plaintiff shall [] identify all email accounts accessible through web-based
interfaces that Plaintiff has used since 2003, including but not limited to his
gmail.com, msn.com, tmail.com, and Adelphia.net accounts. Plaintiff shall
consent to the acquisition and inspection by Stroz Friedberg of the contents of all
such accounts. On or before August 29, 2011, Plaintiff shall provide such consent
on a form or forms to be provided by Stroz Friedberg. Plaintiff shall at the same
time provide to Stroz Friedberg a password for, and facilitate access by Stroz
Friedberg to, each identified account.
(Order at 3, ¶ 5.) This provision of the Order far exceeds the scope of Magistrate Judge
Foschio’s July 1, 2011 Order Granting Expedited Discovery (Doc. No. 83) and
constitutes a massive invasion of Plaintiff’s privacy with no concomitant showing that it
is reasonably calculated to lead to the discovery of admissible evidence.
///

WHEREFORE, Plaintiff respectfully requests that the Court grant this Motion and enter
an order staying paragraph 5 of the Order pending resolution of the subsequent Objections to
paragraph 5 of the Order.
Dated: August 29, 2011
Respectfully submitted,
s/ Jeffrey A. Lake
Attorney for Plaintiff
835 Fifth Avenue, Suite 200A
San Diego, CA 92101
[phone]
[e-mail]

s/ Paul Argentieri
Attorney for Plaintiff
188 Main Street
Hornell, NY 14843
[phone]
[e-mail]

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