Facebook v Martin Grunin Doc69 12-11-14

8/10/2019 Facebook v Martin Grunin Doc69 12-11-14

1/16

1 COUNSELS ANDREW GORDON &

SETH WEINSTEINS JOINT MOTION

TO WITHDRAW AS DEFENDANT

MARTIN GRUNINS ATTORNEYS

OF RECORD

(Case No. 14-cv-02323)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Andrew B. Gordon, IL Bar No. 6309109

GORDON LAW GROUP, LTD.

1 1stBank Plz, Suite 302

Lake Zurich, IL 60047

[email protected]

Seth Weinstein, CA Bar No. 279625)LAW OFFICES OF SETH WEINSTEIN

15260 Ventura Blvd. Suite 1200

Sherman Oaks, CA 91403Telephone: (310) 707-7131

Facsimile: (818) 475-1945

[email protected]

Attorneys for Defendant

Martin Grunin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

FACEBOOK, INC., | Case No. 3:14-cv-02323-WHA

|Plaintiff, | ATTORNEYS ANDREW GORDONS

AND SETH WEINSTEINS JOINT

MOTION TO WITHDRAW ASDEFENDANT MARTIN GRUNINS

ATTORNEYS OF RECORD WITHOUT

HEARING; SIGNED CONSENT OF MR.

GRUNIN; DECLARATIONS OF

ATTORNEYS; PROPOSED ORDER

|MARTIN GRUNIN, |

|

Defendant. |

| Judge: Hon. William H. Alsup

| Location: Courtroom 819th

Floor

______________________________ |

TO THE CLERK OF THE COURT, COUNSEL FOR THE PLAINTIFF, FACEBOOK, INC.

AND ALL INTERESTED PARTIES:

Case3:14-cv-02323-WHA Document69 Filed12/11/14 Page1 of 3
mailto:[email protected]:[email protected]


2/16





OF RECORD

(Case No. 14-cv-02323)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COMES NOW, ATTORNEYS ANDREW GORDON AND SETH WEINSTEIN, attorneys

for defendant Martin Grunin, hereby respectfully requests leave of this Honorable Court to withdraw

as Mr. Grunins attorneys of record.

I. MEMORANDUM OF POINTS & AUTHORITIES

As set forth in this joint motion and its attachments, both of defendant Martin Grunins

attorneys respectfully request to withdraw as Mr. Grunins attorneys of record. For the Courts

reference and review, counsel lodges here with the declarations of both of defendants counsels, a

signed statement from defendant Grunin and a proposed order in support of the request for leave to

withdraw as Mr. Grunins attorneys of record.

Defendant Martin Grunin hired Attorney Andrew Gordon of Lake Zurich, Illinois in August

2014 to represent him in this matter. Attorney Andrew Gordon associated in Attorney Seth Weinstein

of Los Angeles, California as local counsel. At that time, defendant Grunin was in default. Mr.

Grunin filed a Motion to Set Aside the Entry of Default.

The Court heard this Motion on October 30, 2014. The Court issued an Order denying Mr

Grunins Motion to Set Aside the Entry of Default (Dckt. 65). The Court noted that Mr. Grunin

would have one last opportunity to Set Aside the Entry of Default if he 1) filed a written declaration

under penalty of perjury that he was factually innocent of the allegations by November 13, 2014 and

2) paid Facebook, Inc.s legal fees related to the improper legal filings. Facebook, Inc. filed a Motion

for Default Judgment noticed for January 8, 2015 (Dckt. 67).

Civil Local Rule 11-5(a) permits the withdrawal of counsel upon the consent of the Court.

Here, the client consents to the withdrawal. In a December 9, 2014 phone call, Mr. Grunin advised

Mr. Gordon and Mr. Weinstein that he did not wish to be represented by either Mr. Gordon or Mr

Weinstein in this Court matter. Mr. Grunin indicated that he wished to represent himself in this Court

matter in a pro se capacity (see attached signed statement of Mr. Grunin). Mr. Grunin provided this

signed, notarized statement on December 10, 2014, which also includes his address for the service of

documents.

Both counsel request that the Court grant the Joint Motion to Withdraw as Mr. Grunins

Attorneys of Record on the moving papers as opposed to a Hearing. Mr. Weinstein has filed a Notice

of Unavailability for the entire month of January (Dckt. 63). Additionally, the defendant, Mr. Grunin

has provided a signed, notarized consent to the withdrawal that provides his address for the service of



3/16





OF RECORD

(Case No. 14-cv-02323)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

documents. On December 9, 2014, Mr. Gordon sent an email to Plaintiffs Counsel asking if they

would oppose the Joint Motion to Withdraw (see attached email of Mr. Gordon). Attorney Joe Cutler

for the Plaintiff, Facebook Inc., responded that they would not object to the Joint Motion to Withdraw

as Counsel (see attached email of Mr. Cutler).

Both Mr. Gordons and Mr. Weinsteins Declarations in support of the Motion are attached

(see attached Declarations).

As stated by the aforementioned arguments, counsels Andrew Gordon and Seth Weinstein

jointly request to withdraw as defendant Martin Grunins attorneys without Hearing.

DATED: 11 December 2014 ANDREW GORDON

Appearance pro hac vice

By: /s/ Andrew Gordon____________

Andrew Gordon, Bar No. 6309109

[email protected]

By: /s/ Seth Weinstein________

Seth Weinstein, Bar No. [email protected]

Attorneys for DefendantMartin Grunin

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


4/16

Case3:14-cv-02323-WHA Document69-1 Filed12/11/14 Page1 of 1


5/16

12/11/2014 Gordon Law, Ltd Mail - Facebook v. Grunin

https://mail.google.com/mail /ca/u/0/?ui=2&ik=de98222931&view=pt&q=joe&qs=true&search=query&msg=14a30888354be5d0&siml=14a30888354be5d0

Andrew Gordon

Facebook v. Grunin

Andrew Gordon Tue, Dec 9, 2014 at 1:31 PMTo: Joe Cutler , "Jennison, Judy (Perkins Coie)"

Cc: Seth Weinstein , Michael Raff Bcc: [email protected]

Counsel,

Please be advised that we will be requesting the court's leave to withdraw as counsel of record for Mr. Grunin.We anticipate filing the Motion tomorrow and notice it without a hearing. Does Facebook intend to oppose thisMotion?

If a hearing is required, we would like to move the Motion for Default Judgment to the same day. As wepreviously discussed, Seth andMyself are not available on the presently scheduled date of January 8.

Thank you,--

ANDREW B. G ORDO N

ATTORNEY AT LAW

CERTIFIED PUBLIC ACCOUNTANT

GORDON LAW GROUP, LTD

ONE FIRST BANK PLAZA, #302

LAKE ZURICH, IL 60047

DIRECT (847) 235-6095

OFFICE(847) 580-1279FAX (847) 305-1202

EMAILABG@GORDO NLAWLTD.COM

The information contained in this electronic mail message, including any attachments, is confidential, may be privileged and is

protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2522. Unauthorized use, copying or

distribution of this message, including any attachments, is strictly prohibited and may be unlawful. If this message was sent to

you in error, please notify the sender by return email and destroy this message, including any attachments.

IRS Circular 230 Notice: The statements contained herein are not intended to and do not constitute an opinion as to any tax or

other matter. They are not intended or written to be used, and may not be relied upon, by you or any other person for the

purpose of avoiding penalties that may be imposed under any federal tax law or otherwise.

Please consider the environment before printing this e-mail.



6/16

12/11/2014 Gordon Law, Ltd Mail - Facebook v. Grunin

https://mail.google.com/mail /ca/u/0/?ui=2&ik=de98222931&view=pt&q=joe&qs=true&search=query&msg=14a31638dfe0485d&siml=14a31638dfe0485d

Andrew Gordon

Facebook v. Grunin

Cutler, Joseph P. (Perkins Coie) Tue, Dec 9, 2014 at 5:30 PMTo: Andrew Gordon , "Jennison, Judy (Perkins Coie)"

Cc: Seth Weinstein , Michael Raff

Andrew,

Thank you for the headsup on tomorrows filing. Facebook does not intend to oppose the motion.

Joe

Joseph Cutler| Perkins Coie LLP

COUNSEL

1201 Third Avenue Suite 4900

Seattle, WA 981013099

D. +1.206.359.6104

F. +1.206.359.7104

E. [email protected]

From: Andrew Gordon [mailto:[email protected]]Sent: Tuesday, December 09, 2014 11:31 AMTo: Cutler, Joseph P. (Perkins Coie) Jennison, Judy (Perkins Coie)Cc:Seth Weinstein Michael RaffSubject: Facebook v. Grunin

[Quoted text hidden]

NOTICE: This communication may contain privileged or other confidential information. If you have received it inerror, please advise the sender by reply email and immediately delete the message and any attachments withoutcopying or disclosing the contents. Thank you.

mailto:[email protected]:[email protected]:%[email protected]


7/16



8/16



9/16



10/16

1

CERTIFICATE OF SERVICE; Case No. 3:14-cv-02323-CRB

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28




Lake Zurich, IL [email protected]




Facsimile: (818) 475-1945

[email protected]


Martin Grunin




FACEBOOK, INC., | Case No. C 14-02323 WHA

| 3:14-cv-02323-WHAPlaintiff, |

| CERTIFICATE OF SERVICE

v. |

|MARTIN GRUNIN, |

|Defendant. |

______________________________

I certify under the laws of the United States of America that on the 11th

day of December

2014, a true and correct copy of the following documents:

Attorneys Andrew Gordons and Seth Weinsteins Joint Motion to Withdraw as

Defendant Martin Grunins Attorneys of Record Without Hearing

Signed, notarized statement of Mr. Grunin consenting to the Joint Motion to

Withdraw as Defendant Martin Grunins Attorneys of Record Without Hearing

Declaration of Attorney Andrew Gordon

Declaration of Attorney Seth Weinstein



11/16

2

CERTIFICATE OF SERVICE; Case No. 3:14-cv-02323-CRB

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Proposed Order On Attorneys Andrew Gordons and Seth Weinsteins Joint

Motion to Withdraw as Mr. Grunins Attorneys of RecordWithout Hearing

was served upon the below listed parties by the methods indicated:

By Electronic Mail to:

Andrew Gordon; [email protected]

Seth Weinstein; [email protected]

Judy Jennison; [email protected]

Joseph Cutler; [email protected]

X I hereby certify that I am admitted pro hac vice to the Bar of the United States District Court,

Northern District of California.

Executed this 11th

of December 2014. By: /S/_Andrew Gordon_________

Andrew Gordon



12/16

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28








Facsimile: (818) 475-1945

[email protected]


Martin Grunin





|Plaintiff, DECLARATION OF ATTORNEY

ANDREW GORDON IN SUPPORT OF

ATTORNEYS JOINT MOTION TO

WITHDRAW AS MR. GRUNINS


HEARING

|MARTIN GRUNIN, |

|Defendant. |

| Date:

| Time:



Floor

______________________________ |



13/16

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ATTORNEY ANDREW GORDON DECLARES:

1. I am an attorney at law, duly authorized to practice before all state courts in the State of

Illinois and appearing pro hac vice before this Honorable Court. I am based out of Lake

Zurich, Illinois.

2. I am lead counsel for defendant Martin Grunin. I was retained by Mr. Grunin in August 2014

and at that time I retained Seth Weinstein to act as local counsel. An entry of default had

previously been entered against defendant Grunin.

3. Mr. Grunin remains in default. Mr. Weinstein and I filed a Motion to Set Aside Entry of

Default that was denied by this Court on October 30, 2014 (Dkt. No. 65). Facebook, Inc. then

filed a Motion for Default Judgment (Dkt. No. 67).

4. On December 9, 2014, Mr. Weinstein and I spoke to defendant Mr. Grunin over the

telephone. Mr. Grunin indicated that he wished to have Mr. Gordon and I withdraw as his

attorneys of record in this Court matter. Mr. Grunin stated that he wished to represent himself

in this Court matter in pro se status. Mr. Weinstein and I told Mr. Grunin that we would

prepare a Joint Motion to Withdraw as Attorneys of Record and file it by Thursday December

11, 2014. During that phone call, after being fully advised, Mr. Grunin also directed us to file

a Statement of Non Opposition to Facebook, Inc.s Motion for Default Judgment.

5. During that phone call, Mr. Weinstein and I informed Mr. Grunin as to what he could expect

regarding his case once Mr. Weinstein and I received this Courts permission to withdraw

We again spoke to Mr. Grunin by phone on December 10, 2014 and he again indicated his

preference to relieve Mr. Gordon and I as his attorneys of record in this matter and continue in

a pro se capacity.

6. Civil Local Rule 11-5(a) permits the withdrawal of counsel upon the consent of the Court. Mr

Grunin provided a signed, notarized statement evidencing his request that we withdraw as his

attorneys of record and his desire to represent himself. Mr. Grunins signed, notarized

statement, which includes his address of preference for correspondence related to his case, is

attached to this Joint Motion.

7. I sent Plaintiffs Counsel an email on December 9, 2014 inquiring as to whether they would

oppose the Joint Motion to Withdraw as Mr. Grunins Counsels of Record. Joseph Cutler, one

of Plaintiffs attorneys, indicated that they would not oppose the Joint Motion. These two

emails are attached to the Joint Motion to Withdraw as Mr. GruninsAttorneys of Record.



14/16

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8. On October 27, 2014, Mr. Weinstein filed a Notice of Unavailability for January 2015 for

personal reasons that can be disclosed to the Court and Counsel upon request (Dkt. No. 63)

The client has consented through a signed, notarized statement to the withdrawal of both Mr.

Gordon and myself as his attorneys of record in this Court matter. Plaintiffs counsel does not

oppose the withdrawal of Mr. Weinstein and I as Mr. Grunins attorneys of record (see

attached emails of Mr. Gordon and Mr. Cutler). Therefore, I respectfully request that the

Court grant the Joint Motion to Withdraw as Mr. Grunins Attorneys of Record without

Hearing.

Executed under penalty of perjury according to the laws of the United States of America this

10th

of December 2014 at Lake Zurich, IL.

__________________________

Andrew GordonAttorney at Law



15/16

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28








Facsimile: (818) 475-1945

[email protected]


Martin Grunin





|Plaintiff, [PROPOSED] ORDER ON ATTORNEYS

ANDREW GORDON AND SETH

WEINSTEINS JOINT MOTION FOR

LEAVE OF COURT TO WITHDRAW AS


HEARING

|MARTIN GRUNIN, |

|Defendant. |

| Date: (date)(month), (year)

| Time: (time)



Floor

______________________________ |

NOW HAVING BEEN SHOWN GOOD CAUSE THEREFORE, Attorneys Andrew Gordon

and Seth Weinstein, counsels for defendant Martin Grunin, are granted leave of this Court to

withdraw as attorneys of record for Mr. Grunin.



16/16

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

OTHER ORDERS:

________________________________

________________________________

________________________________

IT IS SO ORDERED THIS ________ day of _________, ________.

________________________________William H. Alsup

United States District Judge


Documents

Facebook v Martin Grunin Doc69 12-11-14