Ceglia v. Zuckerberg et al

Filing 243

Fourth MOTION to Compel, MOTION to Expedite Hearing by Facebook, Inc., Mark Elliot Zuckerberg. (Attachments: # 1 Text of Proposed Order Granting Expedited Hearing and Setting Response Deadlines)(Snyder, Orin)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
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NOTICE OF FOURTH
MOTION TO COMPEL AND
FOR OTHER RELIEF
Civil Action No. 1:10-cv-00569RJA

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law, and the
annexed Declaration of Alexander H. Southwell, Esq. and accompanying exhibits, the
undersigned will move this Court, as soon as the motion may be heard by this Court, to compel
Plaintiff’s compliance with this Court’s expedited discovery orders under Federal Rule of Civil
Procedure 37, and for an order:
(1) Directing Ceglia to comply with the provisions of the Court’s July 1 and August 18
Orders requiring him to identify and produce all electronic files in the possession of Jerry Grant,
and to certify to the production of all such files; and
(2) Awarding Defendants their reasonable attorney’s fees and all other relief to which
they may be entitled.

PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure
7 of this Court, Defendants request oral argument and state their intention to file and serve reply
papers.
PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure
7 of this Court, Defendants also seek an expedited hearing on this straightforward issue of
Plaintiff’s ongoing non-compliance with the Court’s expedited discovery orders. Defendants
respectfully request that, in the interest of judicial economy, the Court order that any opposition
to Defendants' Fourth Motion to Compel shall be filed and served on or before December 8,
2011, that any reply be filed and served on or before December 12, 2011, and that this motion be
heard at the hearing already scheduled for December 13, 2011, as described in Defendants'
Proposed Order.

Dated:

New York, New York
December 1, 2011
Respectfully submitted,
/s/ Orin Snyder
Orin Snyder
Alexander H. Southwell
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, NY 10166-0193
[phone]

Thomas H. Dupree, Jr.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, NW
Washington, DC 20036
[phone]
Terrance P. Flynn
HARRIS BEACH PLLC
726 Exchange Street
Suite 1000
Buffalo, NY 14210
[phone]

Attorneys for Defendants Mark Zuckerberg and Facebook, Inc.

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