Ceglia v. Zuckerberg et al

Filing 667

MOTION for Reconsideration re 660 Order,, by Paul D. Ceglia. (Attachments: # 1 Declaration of Paul A. Argentieri in Support of Motion for Reconsideration, etc., # 2 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

PLAINTIFF’S MOTION FOR
RECONSIDERATION, CORRECTION
OR CLARIFICATION OF THE
MAGISTRATE’S DECISION AND
ORDER (DOC. 660) (FED. R. CIV. P.
60(a) OR 60(b)(6))

Pursuant to Local Civil Rule 7(d)(3) and Fed. R. Civ. P. 60(a) or, alternatively, Fed. R.
Civ. P. 60(b)(6), Plaintiff Paul D. Ceglia respectfully moves this Court for Reconsideration,
Correction or Clarification of the Magistrate’s Decision and Order entered on May 9, 2013 (Doc.
No. 660). Plaintiff intends to file a reply if opposition is filed to this motion. In support thereof
Plaintiff states as follows:
1.

Paul A. Argentieri (“Argentieri”) is one of the attorneys for Plaintiff in this action.

Filed herewith is the Declaration of Paul A. Argentieri in Support of Plaintiff’s Motion for
Reconsideration, Correction or Clarification of the Magistrate’s Decision and Order entered on
May 9, 2013 (Doc. No. 660) (“Argentieri Dec.”) ¶¶ 1, 2.
2.

On May 9, 2013, the Magistrate Judge entered a Decision and Order in this case

(Doc. 660) (“D&O #1”). Id. ¶ 3.
3.

D&O #1, in its decretal section, grants in part and denies in part the defendants’

fee application “in accordance with the January 10, 2012 Decision and Order (Doc. No. 283)”
and states “Defendants are awarded in connection with their Accelerated Motion to Compel
$3,747.68 in attorney’s fees.” Id. at ¶ 4.

4.

On February 14, 2012, the Magistrate Judge entered a Decision and Order (Doc.

292) (“D&O #2”) which, in its decretal section, grants in part and denies in part the defendants’
fee application “in accordance with the January 10, 2012 Decision and Order (Doc. No. 283)”
and states “Defendants are awarded in connection with their Accelerated Motion to Compel
$75,776.70 in attorney’s fees.” Id. at ¶ 5.
5.

The decretal sections of D&O #1 and D&O #2 are identical in terms of the

Motion and Order to which they relate but they differ in the amount of attorney’s fees ordered.
D&O #1 facially conflicts, therefore, with D&O #2 and Plaintiff respectfully requests that the
Court either reconsider, correct or clarify D&O #1 so that the record is clear and accurate
concerning the basis and terms of D&O #1. Id. at ¶ 6.
6.

This motion is timely made and is not being made for purposes of delay, but in

good faith. Id. at ¶ 7.
WHEREFORE, for the above reasons, Plaintiff respectfully requests that the Court grant
this motion.
Respectfully submitted,
s/ Paul A. Argentieri
Paul A. Argentieri
188 Main Street
Hornell, NY 14843
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Joseph M. Alioto
THE ALIOTO LAW FIRM
225 Bush Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Admitted Pro Hac Vice
Attorneys for Plaintiff