Ceglia v. Zuckerberg et al

Filing 351

MEMORANDUM/BRIEF re 338 Text Order, In Opposition to Defendants' Supplemental Attorney Fee Application by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Boland, Dean)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
PLAINTIFF’S RESPONSE TO
DEFENDANTS’
SUPPLEMENTAL FEE
APPLICATION

Plaintiff,
v.
MARK ELLIOT ZUCKERBERG and
FACEBOOK, INC.

1:10-cv-00569-RJA
Defendants.

In previous Orders, this court granted in part Defendants’ fee application,
awarding Defendants $75,776.70 in attorneys’ fees expended in moving for
sanctions against Plaintiff . See Order, Doc. No. 292.

That same Order directed

Defendants to file “affidavits of attorney’s fees and costs incurred preparing and
defending the Fee Application.”

Id.

Following that, Defendants filed a

Supplemental Fee Application and supporting declaration. Doc. Nos. 299-300. The
Court directed Plaintiff to respond to Defendants’ Supplemental Fee Application by
April 13, 2012.

See Order, Doc. No. 338.

This filing is Plaintiff’s response in

accordance with that Order.
Plaintiff incorporates by reference the legal and factual arguments
previously made regarding Defendants’ attorney fee calculations and rates. See
Doc. No. 288.
However, Plaintiff recognizes this Court has previously overruled those
arguments. See Order, Doc. No. 292.

Plaintiff has already been ordered to pay Defendants’ attorneys’ fees in the
amount of $75,766.70. Plaintiff submits that an additional fee award of $42,460.31
would be unduly punitive and disproportionate to the amount of the initial fee
request.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that the Court deny
Defendants’ Supplemental attorney fee calculations and rates submitted as part of
Doc. No. 300. In the event that the Court should award Defendants attorneys’ fees,
Plaintiff respectfully requests that he be directed to pay those fees within 60 days of
the conclusion of this action.
Respectfully submitted,
/s/Dean Boland
Sanford P. Dumain
Jennifer L. Young
Melissa Ryan Clark
Milberg LLP
One Pennsylvania Plaza, 48th Floor
New York, NY 10119
212-594-5300 phone
212-868-1229 fax
[e-mail]
[e-mail]
[e-mail]

Dean Boland
1475 Warren Road
Unit 770724
Lakewood, Ohio 44107
216-236-8080 phone
866-455-1267 fax
[e-mail]

Robert B. Calihan
Calihan Law PLLC
16 West Main Street
Suite 761
Rochester, NY 14614
585-232-8291 phone
866-533-4206
fax [e-mail]

Paul A. Argentieri
188 Main Street
Hornell, NY 14843
607-324-3232 phone
607-324-6188
[e-mail]

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Peter K Skivington Jones &
Skivington 31 Main Street PO Box
129 Geneseo, NY 14454 585-243-0313
phone [phone]
fax [e-mail]

3