Ceglia v. Zuckerberg et al

Filing 437

MOTION to Disqualify Counsel NOTICE by Paul D. Ceglia.(Boland, Dean)

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

Civil Action No. : 1:10-cv-00569-RJA

Plaintiff,
v.

NOTICE OF MOTION TO
DISQUALIFY DEFENDANTS’
DUAL REPRESENTING
COUNSEL

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.
PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law,
Plaintiff moves this Court for an order:
1.Staying all currently pending discovery until a decision is made regarding this

motion; and
2.Disqualifying, Orin Snyder, Partner, Gibson Dunn & Crutcher; Alexander

Southwell, Partner, Gibson Dunn & Crutcher; Terrance Flynn, Harris Beach
PLLC; Lisa Simpson, Orrick, Herrington and Sutcliffe, LLP; The law firm of
Gibson Dunn & Crutcher and all counsel within the firm; Orrick, Herrington
and Sutcliffe, LLP and all counsel within the firm; The law firm of Harris
Beach, PLLC and all counsel within the firm from further representation of
either Defendant in this case; and
3.That all the above named counsel and their respective law firms be ordered to

refund to their client(s) all attorneys fees paid in this matter to date; and

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4.The above named attorneys and law firms be ordered to pay, as a sanction, the

attorneys fees, expert fees and costs incurred by Plaintiff from the beginning
of this litigation to date; and
5.That a representative of Defendant Facebook, Inc. file a declaration that he or

she has been made aware of this court’s order that Defendant Zuckerberg can
have no role or communication with, directly or indirectly, the selection and
management of counsel hired to replace the conflicted current counsel
throughout this litigation and thereafter; and
6.That the declaration in #5 above also include the representative’s

acknowledgment that he or she has communicated this prohibition regarding
Defendant Zuckerberg to all board members and the employees of Defendant
Facebook as well.
Pursuant to Local Civil Rule of Procedure 7 of this Court, Plaintiff requests
an oral argument and states his intention to file and serve a reply to Defendants’
response to this motion.

Respectfully submitted,
/s/Dean Boland

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

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

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