Ceglia v. Zuckerberg et al

Filing 198

MOTION for Sanctions NOTICE OF MOTION FOR SANCTIONS FOR SPOLIATION OF EMAIL BY DEFENDANT ZUCKERBERG 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 EVIDENCE BY DEFENDANT
MARK ZUCKERBERG

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law
and accompanying exhibits, Mr. Ceglia will move this Court, at a date and time to
be set by the Court, for an order:
1. Prohibiting Facebook or Zuckerberg from disputing the authenticity of the
Ceglia emails excerpted in the complaint; and
2. Permitting discovery of all emails from Zuckerberg’s Harvard email account
wherever copies of those emails may reside, including on the record of other
lawsuits in which Zuckerberg was involved even if those records are currently
sealed in those cases; and
3. Instructing the jury at trial that the emails deleted by Zuckerberg from his
Harvard email account after the date the complaint was filed and he received a
litigation hold letter would have been helpful in proving all of Ceglia’s claims;
and

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4. For 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 Mark Zuckerberg.
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
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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