Ceglia v. Zuckerberg et al

Filing 163

ORDER re 154 Third MOTION to Compel and for Other Relief filed by Facebook, Inc., Mark Elliot Zuckerberg. Responses due by 10/24/2011. Replies due by 10/28/2011. Oral Argument set for 11/2/2011 02:00 PM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 10/17/2011. (SDW)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Plaintiff,

ORDER

v.
10-CV-569A(F)
MARK ELLIOT ZUCKERBERG,
FACEBOOK, INC.,
Defendants.

By papers filed October 14, 2011 (Doc. Nos. 154-158), Defendants move to
compel Plaintiff to comply fully with this court’s prior orders, in particular the Order of
August 18, 2011 (Doc. No. 117), directing Plaintiff to identify and produce to
Defendants electronic media, access to certain of Plaintiff’s email accounts, granting
Defendants permission to issue, if necessary, subpoenas duces tecum to Plaintiff’s
experts, a supplemental declaration regarding items Plaintiff was directed to produce or
explain in a supplemental declaration the loss of electronic files in their native format,
overruling Plaintiff’s objection to production of certain documents as asserted in
Plaintiff’s Privilege Log based on attorney-client privilege, an order directing Plaintiff
request Plaintiff’s webmail providers to release to Defendant’s forensic expert Plaintiff’s
account access logs, usage logs, registration records, and preserved copies of such
accounts, or in lieu of such requested production, to grant Defendants permission to
issue subpoenas compelling their production, as well as sanctions, including
Defendants’ reasonable attorneys fees and other relief to which Defendants may be
entitled pursuant to Fed.R.Civ.P. 37(a)(5) or this court’s inherent power (“Defendants’
motion”).
Plaintiff’s response shall be filed not later than October 24, 2011; Defendants’

reply shall be filed not later than October 28, 2011. A hearing and oral argument on
Defendants’ motion is scheduled for November 2, 2011 at 2:00 p.m.
SO ORDERED.
/s/ Leslie G. Foschio
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: October 17, 2011
Buffalo, New York