Ceglia v. Zuckerberg et al

Filing 543

MEMORANDUM in Opposition re 521 Ninth MOTION to Compel And For Other Relief filed by Paul D. Ceglia. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 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.

RESPONSE IN OPPOSITION TO
NINTH MOTION TO COMPEL

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

In Defendants Ninth Motion to Compel, they seek documents which do not
exist. Further, Defendants were made aware that those documents were not in the
possession, custody or control of Plaintiff or Plaintiff’s counsel before they filed this
motion.   Therefore, this motion was filed in bad faith.   Defendants communicated
with Plaintiff about their magical thinking that there were still some copies of the
FB Contract that were in Plaintiff or his counsel’s possession, custody or control and
not yet submitted to Defendants.   In response to that inquiry, Plaintiff clearly
informed Defendants that no such copies were in Plaintiff or Plaintiff’s counsel’s
possession, custody or control. Exhibit A. Despite that clear response, Defendants
filed this motion to delay their reply time in this matter.
Declarations have now been filed, Doc. No. 535 and Doc. No.536, from both
Plaintiff and counsel Paul Argentieri, completely resolving Defendants false claims
of additional unproduced documents.   Those declarations are precisely the same

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information provided to Defendants before their filing of this spurious motion.
Plaintiff’s counsel sought Defendants confirmation that the filing of these
declarations resolves the need for further pleadings on this issue to lessen the
burden on the parties and this court.   Exhibit B. Defense counsel Southwell
declined to respond to that communication requiring this response and the court’s
review of it.
CONCLUSION
Therefore, Plaintiff respectfully requests this court deny Defendants’ abusive
motion and grant Plaintiff attorneys fees and other appropriate costs expended
responding to this motion which was wholly unnecessary as noted above.
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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