Ceglia v. Zuckerberg et al

Filing 44

MOTION to Expedite - Notice of Motion for Expedited Discovery by Facebook, Inc., Mark Elliot Zuckerberg. (Attachments: # 1 Text of Proposed Order)(Snyder, Orin)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
------------------------------------ x
:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
------------------------------------ x

NOTICE OF MOTION FOR
EXPEDITED DISCOVERY
Civil Action No. 1:10-cv-00569RJA

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law and the
annexed Declarations of Mark Elliot Zuckerberg, Professor Frank J. Romano, Gus R. Lesnevich,
Professor Gerald R. McMenamin, Bryan J. Rose, Michael F. McGowan, Don Henne, and Dr.
Albert Lyter III, and accompanying exhibits, the undersigned will move this Court, at a date and
time to be set by the Court, for expedited discovery under Federal Rule of Civil Procedure
26(d)(1), and an order:
(1) Compelling immediate production of the original signed version of the purported
contract attached to the Amended Complaint, the native electronic version of that document, and
all copies of the purported contract in electronic or hard-copy form;
(2) Compelling immediate production of the purported emails described in the Amended
Complaint in their original, native electronic form, as well as all copies of the purported emails
in electronic or hard-copy form;
(3) Immediately seizing, and permitting Defendants to inspect and image, all computers
and electronic media in Plaintiff’s possession, custody, or control; and
(4) Staying all other discovery until this initial phase of discovery is complete.

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
June 2, 2011
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.

2