Ceglia v. Zuckerberg et al

Filing 322

MOTION to Stay Discovery and Defer Setting a Discovery Schedule 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
STAY DISCOVERY PENDING
A RULING ON DEFENDANTS’
DISPOSITIVE MOTIONS
Civil Action No. 1:10-cv-00569RJA

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law and
Declaration of Alexander H. Southwell, Esq., with accompanying exhibits, the undersigned
move this Court to stay discovery in this matter until this Court resolves Defendants’ dispositive
motions and defer the setting of a discovery schedule, and for an order:
(1) Staying discovery pending a ruling on Defendants’ dispositive motions; and
(2) Deferring the setting of a discovery schedule pending a ruling on Defendants’
dispositive motions and further proceedings.
PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure
7.1(d) of this Court, Defendants seek an expedited hearing and briefing schedule on this motion.
Defendants respectfully request that, in the interest of judicial economy, the Court should hear
this motion during the previously scheduled April 4, 2012 hearing. Specifically, Defendants
request that Ceglia should be ordered to file any brief in opposition to this motion on or before
April 1, 2012, and Defendants should be ordered to file any reply memorandum in support of this
motion on or before April 3, 2012.

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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