Ceglia v. Zuckerberg et al

Filing 67

Proposed Order by Paul D. Ceglia.(Hall, Christopher) Modified on 6/20/2011 (DLC).

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

-againstMARK ELLIOTT ZUCKERBERG, an
individual, and FACEBOOK, INC., formerly
known as TheFaceBook, Inc., a Delaware
corporation,

CIVIL ACTION NO. 10-569(RJA)

:

Plaintiff,

[PROPOSED] ORDER DENYING
DEFENDANTS’ MOTION FOR
EXPEDITED DISCOVERY AND
GRANTING PLAINTIFF’S CROSSMOTION FOR MUTUAL EXPEDITED
DISCOVERY

:
:
:

Defendants.

:
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On June 30, 2011, at ____, Defendants’ Motion for Expedited Discovery and
Plaintiff’s Cross-Motion for Mutual Expedited Discovery came before the abovecaptioned court, the Honorable J. Leslie Foschio, United States Magistrate Judge,
presiding. After fully considering the motions of the parties, the written submissions in
support of and opposing the motions, including the memoranda of law and declarations
and affidavits filed therewith, and the oral arguments of counsel, and for good cause
appearing therefor, the Court hereby enters the following orders:
IT IS HEREBY ORDERED THAT Defendants’ Motion for Expedited Discovery
is DENIED.
IT IS FURTHER ORDERED THAT Plaintiff’s Motion for Mutual Expedited
Discovery is GRANTED as follows:
1. All parties shall produce by no later than July 8, 2011, a certification under
penalty of perjury by an electronic discovery specialist inventorying all computers of any

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type, hard drives, floppy discs, CD’s, DVD’s, thumb drives, flash drives, pen drives and
all other mediums on which are stored electronically stored information relevant to the
claims and defenses in this case that have been submitted to the electronic discovery
specialist and which have been forensically preserved;
2.

All parties shall produce by no later than July 15, 2011, all documents,

including electronically stored information in native and TIFF or PDF format, supporting
their respective claims and defenses, which shall include but is not limited to:
a.

All documents constituting, reflecting or referring to agreements

between Paul Ceglia and Mark Zuckerberg;
b. All documents constituting, reflecting or referring to communications
between Paul Ceglia and Mark Zuckerberg, which communications, include, but are not
limited to, email messages, text messages, instant messages, letters, memoranda,
telephone conversations and in person meetings;
c. All documents, including communications as defined above, created,
dated or received before July 30, 2004 referring, reflecting or related to The FaceBook,
thefacebook.com, FaceBook, facebook.com, The PageBook, thepagebook.com, or any
other online service or website that is similar to a live functioning yearbook, including
the funding for or of any such projects;
d. All documents constituting, reflecting or referring to payments made to
Mark Zuckerberg by or on behalf of Paul Ceglia, including, but not limited to, cancelled
checks, deposit receipts or account statements; and
e. No less than 30 handwriting samples from Paul Ceglia and Mark
Zuckerberg, written between January 1, 2003 and July 31, 2004.

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The documents described above shall include those documents held by or in the custody
of Project Leadership Associates and Parmat and Associates. Any documents withheld
on the claim of privilege or work product shall be listed on a privilege log produced no
later than July 15, 2011.
4. The parties shall meet and confer over a protective order to cover discovery in
this action. A report on the parties’ meet and confer efforts shall be submitted to the
Court no later than July 15, 2011. If an agreement on a protective order is reached, a
proposed order thereon shall be submitted with the aforementioned report.

If no

agreement is reached by July 15, 2011, the parties shall submit their respective proposed
protective orders for the Court’s consideration.
3. The parties shall meet and confer to establish a protocol for the destructive
testing of the original of the Work for Hire Agreement that is attached as an exhibit to the
First Amended Complaint. A report on the parties’ meet and confer efforts shall be
submitted to the Court no later than July 15, 2011. If an agreement on a protocol is
reached, a proposed order thereon shall be submitted with the aforementioned report. If
no agreement is reached by July 15, 2011, the parties shall submit their respective
proposed orders for the Court’s consideration.
IT IS SO ORDERED.
____________________________________
HONORABLE J. LESLIE FOSCHIO
UNITED STATES MAGISTRATE JUDGE

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