Ceglia v. Zuckerberg et al

Filing 580

MEMORANDUM IN SUPPORT re 579 MOTION to Withdraw as Attorney NOTICE OF MOTION byPaul 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.

MEMORANDUM IN SUPPORT
OF MOTION TO WITHDRAW AS
COUNSEL

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

MEMORANDUM
On October 25, 2012 the federal government unsealed a criminal complaint
against Plaintiff. Exhibit A. That complaint essentially adopts the conclusions in
Defendants’ experts’ reports as the justification for two criminal charges against
Plaintiff containing penalties, given Plaintiff’s age, amounting to a life sentence in
prison. Id.
That complaint, consistent with Defendants’ experts’ opinions and those
espoused by Defendants’ counsel from Gibson Dunn, allege that Plaintiff’s claims of
an authentic contract and authentic emails, among other things in this matter,
constitute fraud.
Myself and prior counsel all have and had a duty to bring to this court any
evidence of fraud, even fraud by our own client, should we have come across it. No
prior counsel and current counsel, including the undersigned, have done so. The

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undersigned, at no time, has encountered evidence of fraud by Plaintiff.

The

reasons for the departure of prior counsel whom have filed a notice of appearance
and represented Plaintiff in this case, other than the Milberg law firm, have not
been made known to the undersigned. The undersigned has included, per local rule,
the reasons for this request in a document provided in camera to this court detailing
the reasons justifying this request.

Given Mr. Ceglia’s current detention the

undersigned has been unable to communicate with him timely to obtain his consent
to this filing.
As this court knows, this case and its pleadings are widely followed in the
media.

Therefore, the undersigned feels it is important to emphasize in the

strongest terms possible, that the reasons underlying this request, provided to the
court for its review, have nothing to do with any belief by the undersigned
that Plaintiff is engaged in now or has been engaged in during the past,
fraud regarding this case. The personal reasons for this request are contained in
the in camera communication provided to this court and will be served by regular
U.S. mail upon Mr. Ceglia once the mailing address for his current detention
location is determined.
CONCLUSION
For the foregoing reasons, the undersigned respectfully requests this court
grant this motion for withdrawal from representation of Plaintiff in this case.

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

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