Ceglia v. Zuckerberg et al

Filing 318

MOTION to Dismiss by Facebook, Inc., Mark Elliot Zuckerberg.(Snyder, Orin)

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

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law,
Declaration of Alexander H. Southwell, Esq., Declaration of Bryan J. Rose, Declaration of Lisa
T. Simpson, Esq., and Declaration of Amanda M. Aycock, Esq., all with accompanying exhibits,
the undersigned move this Court, as soon as the motion may be heard by this Court, to dismiss
Plaintiff Paul Ceglia’s Amended Complaint with prejudice under this Court’s inherent power and
Federal Rule of Civil Procedure 37, and for an order:
(1) Dismissing the Amended Complaint with prejudice; and
(2) Awarding Defendants their reasonable costs and attorneys’ 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.
Dated: New York, New York
March 26, 2012
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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