Ceglia v. Zuckerberg et al

Filing 188

MOTION for Sanctions Notice of Motion for Sanctions for Spoliation of Evidence by Defendants by Paul D. Ceglia.(Boland, Dean)

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

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

Plaintiff,
v.

NOTICE OF MOTION FOR
SANCTIONS FOR SPOLIATION
OF THE FACEBOOK CONTRACT
BY DEFENDANTS

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law
and the included Declarations of Paul Argentieri, Larry Stewart, James Blanco and
Dean Boland and accompanying exhibits, Mr. Ceglia will move this Court, at a date
and time to be set by the Court, for an order:
1. Sanctioning Defendants for spoliation of evidence; and
2. Default judgment against Defendants and the setting of a trial date on damages;
and
3. Prohibiting Facebook or Zuckerberg from challenging the authenticity of the
Facebook Contract on any basis; and
4. Prohibiting Facebook or Zuckerberg from challenging the authenticity of the
Facebook Contract based in any way on its now yellowed appearance; and
5. An instruction to the jury that the parties have stipulated that the yellow
appearance of the Facebook Contract is in no way an indication that the

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document is not authentic and the jury should disregard it’s yellowed appearance
in making their determination about the Facebook Contract’s authenticity; and
6. Prohibiting Defendants from making a “page one substitution” argument as they
have throughout the hearings in this case; and
7. An adverse instruction to the jury that they should presume that Defendants
Facebook and Zuckerberg intentionally damaged Mr. Ceglia's Facebook Contract
because the undamaged Facebook Contract would tend to contradict their defense
that the Facebook Contract was not genuine; and
8. An order prohibiting Defendants from commenting in any way to the jury about
the yellowing that Facebook's experts caused to appear on the Facebook Contract;
and
9. Attorney's Fees, Expert Witness Fees and any other relief the court deems proper
that was expended in investigating, preparing this motion and conducting any
scheduled hearing on the spoliation conduct of Defendants.
Pursuant to Local Civil Rule of Procedure 7 of this Court, Plaintiff requests
an evidentiary hearing and oral argument and states his intention to file and serve
a reply to Defendants’ response to this motion.

Respectfully submitted,
/s/Dean Boland

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Paul A. Argentieri
188 Main Street
Hornell, NY 14843
607-324-3232 phone
607-324-6188
[e-mail]

Dean Boland
18123 Sloane Avenue
Lakewood, Ohio 44107
216-236-8080 phone
866-455-1267 fax
[e-mail]

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