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)

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
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