Ceglia v. Zuckerberg et al

Filing 358

MOTION Notice of Motion and Incorporated Motion for Clarification re 357 Decision and Order by Paul D. Ceglia. (Attachments: # 1 Certificate of Service)(Young, Jennifer)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
Plaintiff,

NOTICE OF MOTION AND
INCORPORATED MOTION
FOR CLARIFICATION

v.
MARK ELLIOT ZUCKERBERG and
FACEBOOK, INC.,

1:10-cv-00569-RJA

Defendants.

PLEASE TAKE NOTICE that Plaintiff moves the Court for clarification of the Decision
and Order (“Order”) [Dkt. No. 357] entered on April 19, 2012.
PLEASE TAKE FURTHER NOTICE that, pursuant to Local Rule 7(d), Plaintiff
respectfully requests expedited scheduling on this Motion so that Plaintiff may obtain the
clarification requested herein prior to the April 30, 2012 deadline set forth in the Order. See
Order at 20 (directing that documents must be produced within 10 days).
PLEASE TAKE FUTHER NOTICE that, pursuant to Local Rule 7(a)(1), Plaintiff intends
to submit a reply if this Motion is opposed.
Request for Clarification Regarding Privilege Log Item 379
After conducting an in camera review, the Court ruled that Plaintiff must produce
Privilege Log Item 334, in redacted form, and Privilege Log Items 348, 360, and 379 in their
entirety. See Order.
Plaintiff requests clarification of the Court’s Order regarding Privilege Log Item 379.
Privilege Log Item 379 is a composite of numerous emails, many of which are duplicates and are
not in date order, that was forwarded by Aaron Marks, an attorney at Kasowitz, Benson, Torres

& Friedman LLP whom Plaintiff approached for representation, to attorneys at DLA Piper LLP,
Plaintiff’s prior counsel. As explained therein, Mr. Marks forwarded the emails to DLA Piper as
a means of transferring his electronic correspondence regarding the case to the attorneys then
representing Plaintiff.
The Court ruled that Privilege Log Item 379 is not privileged because Jason Holmberg,
who is not an attorney, was included on certain of the emails contained therein.1 See Order at 10.
However, a significant number of the emails contained in Privilege Log Item 379 did not include
Mr. Holmberg.
As the Court’s Order directing production of Privilege Log Item 379 was based on the
inclusion of Mr. Holmberg, Plaintiff respectfully requests clarification that Plaintiff may redact
those emails contained in Privilege Log Item 379 that did not include Mr. Holmberg.
Dated: April 23, 2012
Respectfully submitted,

s/ Jennifer L. Young
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]

1

In the interest of candor, Plaintiff discloses to the Court that he may object to the Order. See
Fed. R. Civ. P. 72(a).

2

Dean Boland
Boland Legal, LLC
1475 Warren Road
Unit 770724
18123 Sloane Avenue
Lakewood, OH 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]
Peter K Skivington
Jones & Skivington
31 Main Street
P.O. Box 129
Geneseo, NY 14454
585-243-0313 phone
585-243-3625 fax
[e-mail]

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