In its motion, Facebook requests for expedited discovery, where two parties exchange evidence for examination. Facebook wants to get its hands on the contract that Ceglia claims Zuckerberg signed.
The first section of the 27-page motion essentially lays out the facts of the case and claims that Ceglia has already changed his story. “During the remand proceedings, [Facebook] pointed out the incredible nature of Ceglia’s claims and declared that his lawsuit was a fraud based on a fabricated contract,” Facebook’s motion says. “In response, Ceglia did an about-face. He pulled back his original complaint, retained new lawyers, and filed a new complaint filled with new facts and new lega l theories.”
Ceglia originally claimed he was entitled to 84% of Facebook when he filed his initial lawsuit in July 2010. Earlier this year, Ceglia refiled his lawsuit with the prominent law firm DLA Piper.
The rest of the motion is an all-out assault on Ceglia’s credibility and the documents he has provided. Facebook claims that Ceglia’s documents are forgeries. The company says Zuckerberg didn’t even come up with the idea for Facebook until December 2003 (Ceglia claims they signed a contract in April 2003).
Facebook then lays out evidence for why the contract “is an obvious cut-and-paste job,” noting inconsistencies in language, margins and terminology. Facebook even brought in linguistics expert Frank Romano, who concludes that the first two pages of the contract were written at different times. Facebook also tackles the email conversations Ceglia claims he had with Zuckerberg about Facebook, again claiming they were forgeries due to the...
