Ceglia v. Zuckerberg et al
Filing
429
MOTION for Extension of Time to File Response/Reply as to 427 Memorandum in Support, 426 MOTION to Vacate 348 Order on Motion to Stay, Scheduling Conference, Oral Argument,,,,,,,,,,,, NOTICE OF MOTION, 428 Text Order, Set Deadlines,, 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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Civil Action No. 1:10-cv-00569RJA
DEFENDANTS’ NOTICE OF MOTION AND INCORPORATED
MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR EXTENSION OF TIME
PLEASE TAKE NOTICE that the undersigned move this Court to adjourn the schedule
set by the Court (Doc. No. 428) for the opposition and reply to Ceglia’s Motion to Vacate Doc.
No. 348 for 7 days, so that Defendants’ opposition would be due Tuesday, June 19 and Ceglia’s
reply would be due Thursday, June 21.
PLEASE TAKE FURTHER NOTICE that, pursuant to Local Civil Rule of Procedure
7 of this Court, Defendants state their intention to file and serve reply papers if needed.
BACKGROUND AND ARGUMENT
On April 4, 2012, this Court entered a calibrated scheduling order for limited expert
discovery and motions practice on Defendants’ motion to dismiss (“the April 4 Order”). See
Doc. No. 348. On April 18, 2012, Ceglia filed Objections to this Court’s April 4 Order,
requesting that Judge Arcara vacate the April 4 Order, arguing that Ceglia should be awarded the
opportunity to conduct wide-ranging fact discovery. See Doc. No. 355. On May 24, 2012,
Ceglia filed a motion to strike Defendants’ motion to dismiss and the expert report of Gerald
LaPorte . See Doc. No. 386. On May 27, 2012, Ceglia filed a motion to compel Defendants to
produce documents which were not subject to this Court’s April 4 Order. See Doc. No. 390.
Within the next three days, Ceglia filed three separate motions, all based on this Court’s April 4
Order and Defendants’ motion to dismiss: (1) a motion for extension of time to file his expert
reports (Doc. No. 392), (2) a motion to strike Defendants’ request for a telephonic status
conference, and (3) a motion for discovery of so-called “Harvard emails.” All of these motions
have either been denied or are pending resolution by this Court.
On Friday, June 8, Ceglia filed yet another motion to vacate this Court’s April 4 Order
and requested a scheduling conference to permit him to conduct wide-ranging fact discovery.
See Doc. No. 427. On the same day, this Court set a scheduling order on this motion, requiring
Defendants’ opposition four days later, by Tuesday, June 12, and Ceglia’s reply by Thursday,
June 14. See Doc. No. 428. In his latest motion, Ceglia seeks, yet again, to make an end-run
around this Court’s scheduling order by raising, for the first time, entirely new legal arguments
based on New York State law related to challenging judgments and the propriety of seeking
relief on the basis of fraud.
This filing is the latest example of Ceglia’s abusive litigation strategy. It is a transparent
attempt to harass Defendants and saddle them with having to file responses to one frivolous
motion after another, at a time when the parties are actively preparing for and about to
commence expert depositions. The arguments Ceglia raises are not only baseless, they are
obviously premature and should be presented in Ceglia’s opposition to the motion to dismiss.
Because Ceglia’s frivolous, strategically timed and harassing motion raises many legal
arguments Ceglia has never presented before, Defendants request a short, seven-day extension to
2
respond. Absent an extension, Defendants will only have been given two business days to
research the new legal issues and draft and file a response.1
Dated:
New York, New York
June 10, 2012
Respectfully submitted,
/s/ Orin Snyder
Orin Snyder
Alexander H. Southwell
Matthew J. Benjamin
Amanda M. Aycock
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, NY 10166-0193
(212) 351-4000
Thomas H. Dupree, Jr.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, NW
Washington, DC 20036
(202) 955-8500
Terrance P. Flynn
HARRIS BEACH PLLC
726 Exchange Street
Suite 1000
Buffalo, NY 14210
(716) 200-5120
Attorneys for Defendants Mark Zuckerberg and Facebook, Inc.
1
On June 9, Defendants sought consent from Ceglia for this extension by email. Ceglia’s
counsel refused the proposed extension, stating it “[s]eems masochistic to negotiate with a
bully and his clenched fist no matter how expensive the suit is that he wears.” Ex. 1
(attached).
3
EXHIBIT 1
From: Dean Boland [mailto:dean@bolandlegal.com]
Sent: Saturday, June 09, 2012 8:36 PM
To: Southwell, Alexander
Cc: paul.argentieri@gmail.com; Snyder, Orin; Dupree Jr., Thomas H.; Benjamin, Matthew J.
Subject: Re: Motion to vacate
Alex:
No. My client does not consent to any delay. And, you have no good faith basis to request such a delay. It
would be an "unnecessary delay" as Rule 11 states it.
As you might recall, there would be a thirty day delay, right now, benefiting both parties as much as they may
need it. But, your clients fought our request for that extension of time. Seems masochistic to negotiate with a
bully and his clenched fist no matter how expensive the suit is that he wears.
Dean Boland.
On Sat, Jun 9, 2012 at 6:58 PM, Southwell, Alexander wrote:
Mr. Boland:
Regarding the schedule for briefing your motion to vacate, Doc. No. 426, set by Judge Foschio yesterday afternoon, Doc.
No. 428, Defendants will be asking the court to adjourn the schedule by a week. Please let me know by mid-day Sunday
if you consent or not.
Thanks
Alex
Alexander H. Southwell
Partner
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
200 Park Avenue, New York, NY 10166-0193
Tel +1 212.351.3981 • Fax +1 212.351.6281
ASouthwell@gibsondunn.com • www.gibsondunn.com
1
This message may contain confidential and privileged information. If it has been sent to you in error, please
reply to advise the sender of the error and then immediately delete this message.
-Dean Boland
Owner/Member
Boland Legal, LLC
1475 Warren Road
Unit 770724
Lakewood, Ohio 44107
216.236.8080 ph
866.455.1267 fax
dean@bolandlegal.com
Please note, I typically only review my emails once daily. If there is something urgent in any email, please do
not hesitate to contact my office at 216-236-8080.
2
CERTIFICATE OF SERVICE
I hereby certify, under penalty of perjury pursuant to 28 U.S.C. § 1746, that on this 10th
day of June, 2012, I caused the following documents to be filed with the Clerk of the District
Court using its CM/ECF system, which would then electronically notify all counsel of record in
this case: Defendants’ Motion for Extension of Time.
Dated:
New York, New York
June 10, 2012
/s/ Orin Snyder
Orin Snyder
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, NY 10166-0193
(212) 351-4000
Attorneys for Defendants
Mark Zuckerberg and Facebook, Inc.
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