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Ceglia Attorney Fee Order

Ceglia Attorney Fee Order

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Published by: steven_musil on Feb 15, 2012
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03/03/2014

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK PAUL D. CEGLIA,
DECISION
Plaintiff,
and
v.
ORDER
MARK ELLIOT ZUCKERBERG, and
10-CV-00569A(F)
FACEBOOK, INC.,Defendants.  APPEARANCES:BOLAND LEGAL, LLC Attorneys for Plaintiff DEAN M. BOLAND, of Counsel18123 Sloane AvenueLakewood, Ohio 44107PAUL A. ARGENTIERI, ESQ. Attorney for Plaintiff 188 Main StreetHornell, New York 14843GIBSON, DUNN & CRUTCHER, LLP Attorneys for DefendantsORIN S. SNYDER and ALEXANDER H. SOUTHWELL, of Counsel200 Park Avenue47 Floo
th
New York, New York 10166-0193andTHOMAS H. DUPREE, JR., of Counsel1050 Connecticut Avenue, N.W.Washington, District of Columbia 20036ORRICK, HERRINGTON & SUTCLIFFE LLP Attorneys for DefendantsLISA T. SIMPSON, of Counsel51 West 52 Street
nd
New York, New York 10019
Case 1:10-cv-00569-RJA -LGF Document 292 Filed 02/14/12 Page 1 of 39
 
HARRIS BEACH LLP Attorneys for DefendantsTERRANCE P. FLYNN, of CounselLarkin at Exchange726 Exchange StreetSuite 1000Buffalo, New York 14210
JURISDICTION
This case was referred to the undersigned by Honorable Richard J. Arcara onMay 27, 2011 for pretrial matters. The action is presently before the court onDefendants’ Fee Application filed January 20, 2012 (Doc. No. 286) for attorney’s feesand costs awarded pursuant to this court’s Decision and Order filed January 10, 2012(Doc. No. 283).
BACKGROUND
 
and FACTS
1
The parties to this action dispute the authenticity of a contract (“the contract”)
2
allegedly executed between Plaintiff Paul D. Ceglia (“Plaintiff”) and Defendant MarkElliot Zuckerberg (“Zuckerberg”), on April 28, 2003, pursuant to which Plaintiff andZuckerberg, then a student at Harvard University (“Harvard”), established an agreementfor the development and commercialization of two separate Internet business ventures,including an on-line database developed by Plaintiff, and the social-networking websitecreated and maintained by Zuckerberg, and now known as Defendant Facebook, Inc.(“Facebook”). Throughout this litigation, Defendants have been represented by several
The Facts are taken from the pleadings and motion papers filed in this action.
1
 
 A copy of the contract is attached as Exhibit A to the Amended Complaint (Doc. No. 39).
2
2
Case 1:10-cv-00569-RJA -LGF Document 292 Filed 02/14/12 Page 2 of 39
 
law firms, including lead counsel Gibson, Dunn & Crutcher, LLP (“Gibson Dunn”), withoffices in New York City and Washington, D.C., and local counsel Harris Beach LLP(“Harris Beach”). Plaintiff has been consistently represented by local counsel Paul A. Argentieri, Esq. (“Argentieri”), and by a series of lead counsel including, most recently,Boland Legal, LLC (“Boland”), of Lakewood, Ohio. At the request of the parties, the undersigned, by Order filed July 1, 2011 (Doc.No. 83) (July 1, 2011 Order”), directed expedited discovery designed to establishwhether the putative contract on which Plaintiff sues, and related emails allegedlyexchanged between Plaintiff and Zuckerberg, are authentic or forgeries, and alsodirected Plaintiff to produce certain emails and to make all computers and electronicmedia within Plaintiff’s possession available for inspection by Stroz Friedberg LLC(“Stroz Friedberg”), a digital forensic consulting firm whose services Defendants haveretained in this action. Plaintiff, however, failed to produce certain email accountinformation (“Plaintiff’s email account information”), including addresses and passwordsfor all the email accounts Plaintiff had used since 2003. The parties then filed cross-motions seeking to compel discover under the July 1, 2011 Order and, as relevant tothis discussion, the undersigned, by Order filed August 18, 2011 (Doc. No. 117)(“August 18, 2011 Order”), directed Plaintiff to identify all email accounts accessiblethrough web-based interfaces Plaintiff had used since 2003, and to provide to StrozFriedberg, by August 29, 2011, on consent forms to be provided by Stroz Friedberg, theemail account information necessary to access the email accounts.Plaintiff, however, did not timely provide, as ordered by the court, his emailaccount information on the consent forms supplied by Stroz Friedberg but, rather,
3
Case 1:10-cv-00569-RJA -LGF Document 292 Filed 02/14/12 Page 3 of 39

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