Ceglia v. Zuckerberg et al

Filing 446

MEMORANDUM IN SUPPORT re 445 MOTION to Strike 415 Declaration, NOTICE OF MOTION byPaul D. Ceglia. (Attachments: # 1 Certificate of Service)(Boland, Dean)

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

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

Plaintiff,
v.

MEMORANDUM OF LAW IN
SUPPORT OF MOTION TO
STRIKE DOC. NO. 415

MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.
Defendants.

MEMORANDUM
Plaintiff respectfully requests this court issue an order to the clerk of court
Striking Doc. No. 415 and all exhibits to the motion.

Doc. No. 415 is one of

Plaintiff’s expert reports filed on June 4, 2012.
Plaintiff has determined that two exhibits to Doc. No. 415, Doc. Nos. 415-2
and 415-3, mistakenly and inadvertently contain some pages designated by
Defendants as confidential.

Although these designated pages include publicly

available documents and redacted bank records from accounts closed years ago,
they are nonetheless designated as confidential and should not have been included
in a filed document.

To remedy that accidental inclusion of those documents,

Plaintiff’s counsel conferred with the clerk of court.

The Clerk directed that a

Motion to Strike the entire Doc. No. 415 and all exhibits as the only means to
remedy the two documents listed as exhibits to the overall docment.

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Therefore,

Plaintiff requests this court order the Clerk of Court to strike Doc. No. 415 and all
exhibits enabling Plaintiff to re-file Doc. No. 415 with the redacted exhibits. Those
redacted exhibits have already been prepared and are ready to be re-filed
immediately.

This motion is being filed less than 24 hours from when Plaintiff

determined these documents were included in the filing in error.
It is anticipated that Defendants will have no objection to this motion given
the documents to be redacted were designated by Defendants originally.
No other copies of these documents were provided to or are in the possession
of any other witnesses, expert or otherwise. No other documents designated as
confidential have been provided to any other persons by Plaintiff. To the best of
Plaintiff’s knowledge, the filed documents, Doc. Nos. 415-2 and 415-3, were provided
to individuals who were able to access them via the court’s ECF system.

Respectfully submitted,
/s/Dean Boland
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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