Ceglia v. Zuckerberg et al

Filing 553

MOTION for Discovery 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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NOTICE OF DEFENDANTS’
MOTION FOR PRODUCTION
Civil Action No. 1:10-cv-00569RJA

PLEASE TAKE NOTICE that upon the accompanying Memorandum, the annexed
Declarations of Alexander H. Southwell, Esq. and Amanda M. Aycock, Esq., and accompanying
exhibits, Defendants move this Court for an order:
(1) Directing Plaintiff Paul Ceglia and his expert Larry Stewart to produce any and all
documents reflecting Stewart’s sampling of the Work for Hire Document and Specifications
Document, including documents reflecting Stewart’s ink sampling, if any, and the two pages of
inventories that Stewart used at the July 25, 2011 inspection to record the contents of his
sampling vials;
(2) Directing Stewart to provide a sworn declaration (a) stating clearly whether the paper
samples he sent to Rantanen were extracted from the Work for Hire Document or the
Specifications Document, and citing any documentary support; (b) stating clearly whether he
took ink samples from the Work for Hire Document and Specifications Document and, if so,
how many he took, when, from where, and how many he has in his possession today; and (c)
stating that he has produced directly to Defendants any and all inventories of all his vials of
samples taken from the Work for Hire Document and Specifications Document, including the

two pages of inventories that he used at the July 25, 2011 inspection to record the contents of his
sampling vials.
(3) Directing Ceglia to comply with the order within one week; and
(4) Awarding Defendants their attorneys’ fees and costs, and all other relief to which
they may be entitled.

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
September 27, 2012
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.

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