Ceglia v. Zuckerberg et al

Filing 152

DECISION and ORDER granting Defendants' 128 Motion to Compel. Signed by Hon. Leslie G. Foschio on 9/28/2011. (SDW)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA, Plaintiff, v. MARK ELLIOT ZUCKERBERG, FACEBOOK, INC., DECISION and ORDER 10-CV-569A(F) Defendants. APPEARANCES: PAUL A. ARGENTIERI, ESQ. Attorney for Plaintiff 188 Main Street Hornell, New York 14843 JEFFREY A. LAKE, ESQ. 835 5th Avenue Suite 200A San Diego, California 92101 GIBSON, DUNN & CRUTCHER, LLP Attorneys for Defendants ORIN S. SNYDER, ALEXANDER H. SOUTHWELL, AMANDA AYCOCK, of Counsel 200 Park Avenue, 47th Floor New York, New York 10166-0193 HARRIS BEACH LLP Attorneys for Defendants TERRANCE P. FLYNN, of Counsel Larkin at Exchange 726 Exchange Street, Suite 1000 Buffalo, New York 14210 Based on the Defendants’ Accelerated Motion to Compel filed September 1, 2011 (Doc. No. 128) (“Defendants’ motion”), Plaintiff’s Motion and Notice of Motion to Set a Delayed Briefing Schedule, filed September 2, 2011 (Doc. No. 134), Plaintiff’s Opposition to Defendants’ motion, filed September 26, 2011 (Doc. No. 148), and Defendants’ Reply in Support of Defendants’ Motion, filed September 27, 2011 (Doc. No. 149), the court determines as follows: (1) Despite the fact that Plaintiff’s appeal of the Order was denied by Judge Arcara on September 16, 2011 (Doc. No. 145), Plaintiff has, to date, not complied fully with the Order. Accordingly, Defendants’ motion is GRANTED. (2) Plaintiff shall without delay comply fully with this court’s Order dated August 18, 2011 (Doc. No. 117) (“the Order”), in particular, with paragraph 5 thereof, and arrange to transmit immediately to Stroz Friedberg, Defendants’ experts, the executed consent forms required by paragraph 5 of the Order i.e., by noon, Central Standard Time, September 30, 2011, by use of commercially available scanning or expedited international shipping services reasonably available to Plaintiff as identified in the Declaration of Amanda M. Aycock, Esq., an Exhibit to Defendants’ Reply ¶¶ 5-6, at Plaintiff’s expense. (3) Plaintiff is further directed to show cause why Defendants’ request for sanctions, pursuant to Fed.R.Civ.P. 37(a)(5), including costs and attorneys’ fees, based on Plaintiff’s failure to fully and promptly comply with the Order should not be granted. Plaintiff’s papers in accordance with this direction shall be filed not later than October 7, 2011; Defendants’ response shall be filed not later than October 14, 2011. Oral argument shall be at the court’s discretion. SO ORDERED. /s/ Leslie G. Foschio ________________________________ LESLIE G. FOSCHIO UNITED STATES MAGISTRATE JUDGE Dated: September 28, 2008 Buffalo, New York 2

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