Ceglia v. Zuckerberg et al

Filing 652

MOTION for Extension of Time to File and For Additional Pages by Paul D. Ceglia. (Attachments: # 1 Declaration in Support of Motion, # 2 Text of Proposed Order, # 3 Certificate of Service)(Argentieri, Paul)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________
:
PAUL D. CEGLIA,
:
:
Plaintiff,
:
:
v.
:
:
MARK ELLIOT ZUCKERBERG and
:
FACEBOOK, INC.,
:
:
Defendants.
:
___________________________________ :

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

DECLARATION OF PAUL A.
ARGENTIERI IN SUPPORT OF
PLAINTIFF’S MOTION TO ENLARGE
TIME TO FILE OBJECTIONS
TO MAGISTRATE’S REPORT AND
RECOMMENDATION AND TO
INCREASE THE PAGE LIMIT

Paul A. Argentieri, pursuant to 28 U.S.C. § 1746, declares under the pains and penalties
of perjury as follows:
1.

I am one of the attorneys for Plaintiff in this action and have responsibility for

preparing, filing and serving Plaintiff’s written objections to the Magistrate Judge’s Report and
Recommendation dated March 26, 2013.
2.

I have personal knowledge of the facts stated herein and if called upon to testify as

to them, I would competently do so.
3.

The Magistrate Judge’s Report and Recommendation was filed on March 26,

2013, and currently, Plaintiff’s written objections to the Magistrate’s Report and
Recommendation are due on April 9, 2013.
4.

The Magistrate Judge’s Report and Recommendation is 152 pages long. It

involves voluminous facts, several expert opinions, and complex mixed questions of law and
fact. It requires considerable work to properly prepare Plaintiff’s written objections in a

thorough, yet concise, manner. I have been working diligently preparing the objections and I will
need an additional seven days, up to and including April 15, 2013, in which to complete, file and
serve them. I will also require an increase in the allowable page limit of 25 pages so that
Plaintiff may file written objections of up to 50 pages. This is needed due to both the length and
complexity of the issues raised by the Magistrate Judge’s Report and Recommendation.
5.

I spoke with Alexander H. Southwell, Esq., Defendants’ counsel, on April 9,

2013. Mr. Southwell consented to Plaintiff’s requests to have until April 15, 2013 to file his
objections to the Magistrate’s Report and Recommendation and to Plaintiff’s request for an
increase in the page limit to 50 pages. Mr. Southwell, in turn, requested Plaintiff’s consent to
allow Defendants until May 6, 2013 to file their opposition and that they be allowed the same 50
page limit for their response. I gave my consent to those requests.
6.

This motion by Plaintiff is timely made and is not being made for purposes of

delay, but in good faith.
I declare, under the pains and penalties of perjury of the laws of the United States, that the
foregoing is true and correct.
Executed on April 9, 2013
s/ Paul A. Argentieri
Paul A. Argentieri

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