Ceglia’s lawyers argue that Zuckerberg is reneging on the deal struck in discovery that stipulated Ceglia would turn over his computers and five days later, Zuckerberg would turn over e-mails and handwriting samples.
The staggered timing was intended to ensure that Zuckerberg’s e-mails couldn’t be used to manufacture evidence, given that Facebook’s contention is that Ceglia has doctored a contract Zuckerberg signed to do some programming on Ceglia’s StreetFax company. Facebook argues Ceglia forged the contract to later include a $1,000 investment in Facebook that entitles Ceglia to half the company.
The contract dates back to 2003, but Ceglia didn’t file suit until 2010, when he says he discovered both the existence of Facebook and dug up the long-forgotten contract.
Ceglia says he’s lived up to his side of the discovery bargain, but that Zuckerberg hasn’t shared anything. Calling the non-compliance, “an obstructive delay tactic,” Ceglia’s lawyers say it’s time for the court to order him to comply with the court order.
“Such tactics are especially egregious, where, as in this case, it is Defendant who insisted on expedited discovery, and such tactics should neither be rewarded nor ignored by the Court,” wrote Ceglia’s two attorneys Jeffrey Lake and Paul Argentieri.
For their part, Facebook’s lawyers argue they haven’t turned over the handwriting samples and e-mails because Ceglia has been holding back evidence — so the “precondition” for Zuckerberg to share hasn’t been met yet.
Facebook claimed last week in a court filing that it had found “smoking gun” evidence of fraud — the “authentic contract” in its initial comb through of the disks and computer provided to them, but that Ceglia’s lawyers were trying to claim “confidentiality” that would prevent that proof from being used. Additionally, that filing said that there was evidence of “storage devices” that Ceglia was hiding from them.
In response, Judge Leslie Foschio of the U.S. District Court in New York City on Wednesday ordered Ceglia to give her those documents to inspect in her chambers by Thursday afternoon.
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An oral argument over the motion was scheduled to be held Thursday. The court is also awaiting Facebook to present its finding from forensics experts who took samples from the hard copy of the alleged contract.
As for Ceglia himself, he may or may not have headed off to Ireland to escape what he said were Facebook’s private investigators. However, a report from Irelands, quotes his uncle as saying Ceglia’s not there.
