Ceglia v. Zuckerberg et al

Filing 213

MOTION for Sanctions Notice of Motion for Sanctions for Spoliation of Facebook Contract 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 FACBOOK CONTRACT BY
DEFENDANTS

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law,
accompanying exhibits and the Declaration of Thomas Martin, Mr. Ceglia will move
this Court, at a date and time to be set by the Court, for an order:
1. An order prohibiting Defendants from disputing the authenticity of the Facebook
Contract; or
2. An order directing the jury to presume that absent Defendants’ experts
mishandling of the Facebook Contract, it is likely that usable fingerprints would
have been recovered and that evidence would have been helpful to Mr. Ceglia’s
case; or
3. An order prohibiting Facebook from mentioning to the jury in any way, or
questioning any witness about the absence of usable fingerprints recovered from
the Facebook Contract.
Pursuant to Local Civil Rule of Procedure 7 of this Court, Plaintiff requests

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an 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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