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)

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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 2

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