Ceglia v. Zuckerberg et al

Filing 231

MOTION for Temporary Restraining Order Notice of Motion, MOTION for Sanctions Notice of Motion 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.
MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.

NOTICE OF MOTION FOR
TEMPORARY RESTRAINING
ORDER AND FOR SANCTIONS
AGAINST DEFENDANTS AND
DEFENSE COUNSEL

Defendants.
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law,
Exhibits and Declarations, Mr. Ceglia will move this Court, at a date and time to be
set by the Court, for an order:
1. Temporarily restraining Defendants and/or their attorneys and agents from
destroying any evidence relevant to this matter: to wit: computers currently in
the possession of Parmet and Associates of Potomac, Maryland; and
2. Requiring All defense counsel to submit declarations regarding all necessary
steps they have taken or will take to preserve this evidence until further order of
this court; and
3. Requiring all defense counsel to submit declarations that detail if they were
aware of the existence of the forensic copies of these computers created by
Parmet and Associates, when they first became aware of that fact and the

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justification for failing to disclose that fact to the court or Plaintiff in this
matter; and
4. For sanctions against Defendants and Defense counsel including all attorneys
fees for all work by all attorneys throughout the expedited discovery, all expert
witness fees and costs incurred throughout the expedited discovery, all costs
incurred by Plaintiff throughout the expedited discovery; and
5. A modification of the court’s prior order granting expedited discovery whereby
expedited discovery is terminated and all meetings and other matters initiating
regular case discovery are undertaken.
Pursuant to Local Civil Rule of Procedure 7 of this Court, Plaintiff requests
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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