Ceglia v. Zuckerberg et al

Filing 597

MEMORANDUM IN SUPPORT re 596 MOTION for Extension of Time to File Response/Reply as to 571 Decision and Order, NOTICE OF MOTION MEMORANDUM byPaul D. Ceglia. (Argentieri, Paul)

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

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

Plaintiff,
v.
MARK ELLIOT ZUCKERBERG, Individually, and
FACEBOOK, INC.

EMERGENCY MOTION FOR
THIRTY DAY EXTENSION TO
FILE RESPONSE TO
DEFENDANTS’ MOTION TO
DISMISS FOR STATUTE OF
LIMITATIONS VIOLATION

Defendants.

MEMORANDUM
Plaintiff was recently the target of a criminal complaint originating out of the
Manhattan Federal Prosecutor’s office. The Manhattan Federal Prosecutor
(Southern District of New York) has alleged that Plaintiff’s claim in this matter
constitutes probable cause sufficient to support a charge of mail and wire fraud. As
part of that charge, Plaintiff was detained in Buffalo and eventually released on
bond. Conditions of that bond include, as is customary, a prohibition that Plaintiff
not commit any crimes while out on bond.
After consultation with criminal defense counsel, Plaintiff has determined
the real possibility exists that the mere filing of his response to Defendants’ pending
motion to dismiss for statute of limitations violation would be used by the
Manhattan Federal Prosecutor as the commission of another crime enabling
revocation of his bond. That revocation would unfairly prejudice Plaintiff in his

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ability to prosecute this civil matter, meet with his counsel and generally attend
necessary and upcoming hearings in this matter. Plaintiff does not agree that his
filing of a response to Defendants’ motion to dismiss for statute of limitations
violation is the commission of any crime, but that without court intervention in this
matter Plaintiff cannot risk forfeiture of his parents’ home (tethered to his currently
pending bond) and his liberty, as constrained as it already is.
Plaintiff’s Seventh Amendment Right to file a civil lawsuit is now severely
impeded and the pending criminal case prohibits him from freely pursuing his civil
case without risking his liberty.
For the reasons set forth above, Plaintiff respectfully requests a 30-day
extension of time within which to file his response to Defendants’ motion to dismiss
for statute of limitations violation to avoid a strategic decision by the Manhattan
Federal Prosecutor to regard that filing as a new crime enabling revocation of his
bond.

Respectfully submitted,
/s/Paul Argentieri
Paul A. Argentieri
188 Main Street
Hornell, NY 14843
607-324-3232 phone
607-324-6188
[e-mail]

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