Ceglia v. Zuckerberg et al

Filing 133

AFFIDAVIT in Support re 131 MOTION for Discovery Objections to Magistrate Judge Foschio's August 18, 2011 Order filed by Paul D. Ceglia. (Attachments: # 1 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 CERTIFICATION PURSUANT TO LOCAL RULE 72(c)
The following argument was not raised before Magistrate Judge Foschio for the
following reason:
1.

“Even if the Court construes Magistrate Judge Foschio’s August 18 Order as a

proper order for additional expedited discovery, the order is clearly erroneous.” (Objections at
4.) This argument was not raised at oral argument on August 17, 2011 because the focus of the
arguments concerning the email accounts was their relation to the July 1 Order requiring
production of the native emails attached to the Amended Complaint. At the time, it did not
appear that Magistrate Judge Foschio was considering Defendants’ request as a request for
additional expedited discovery.
Dated: September 2, 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]