Facebook V Martin Grunin Doc69 12-11-14

Case3:14-cv-02323-WHA Document69 Filed12/11/14 Page1 of 3
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Andrew B. Gordon, IL Bar No. 6309109

GORDON LAW GROUP, LTD.
1 1st Bank Plz, Suite 302
Lake Zurich, IL 60047
abg@gordonlawltd.com
Seth Weinstein, CA Bar No. 279625)
LAW OFFICES OF SETH WEINSTEIN
15260 Ventura Blvd. Suite 1200
Sherman Oaks, CA 91403
Telephone: (310) 707-7131
Facsimile: (818) 475-1945
sweinsteinlaw@gmail.com
Attorneys for Defendant
Martin Grunin
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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FACEBOOK, INC.,
Plaintiff,
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Case No. 3:14-cv-02323-WHA

ATTORNEYS ANDREW GORDONS
AND SETH WEINSTEINS JOINT
MOTION TO WITHDRAW AS
DEFENDANT MARTIN GRUNINS
ATTORNEYS OF RECORD WITHOUT
HEARING; SIGNED CONSENT OF MR.
GRUNIN; DECLARATIONS OF
ATTORNEYS; PROPOSED ORDER
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MARTIN GRUNIN,
Defendant.
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______________________________
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Judge:
Location:
Hon. William H. Alsup

Courtroom 8 19th Floor
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TO THE CLERK OF THE COURT, COUNSEL FOR THE PLAINTIFF, FACEBOOK, INC.,
AND ALL INTERESTED PARTIES:
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COUNSELS ANDREW GORDON &

SETH WEINSTEINS JOINT MOTION
TO WITHDRAW AS DEFENDANT
MARTIN GRUNINS ATTORNEYS
OF RECORD
(Case No. 14-cv-02323)
COMES NOW, ATTORNEYS ANDREW GORDON AND SETH WEINSTEIN, attorneys
for defendant Martin Grunin, hereby respectfully requests leave of this Honorable Court to withdraw
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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
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2014 to represent him in this matter. Attorney Andrew Gordon associated in Attorney Seth Weinstein
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of Los Angeles, California as local counsel. At that time, defendant Grunin was in default. Mr.
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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
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under penalty of perjury that he was factually innocent of the allegations by November 13, 2014 and
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2) paid Facebook, Inc.s legal fees related to the improper legal filings. Facebook, Inc. filed a Motion
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for Default Judgment noticed for January 8, 2015 (Dckt. 67).
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Civil Local Rule 11-5(a) permits the withdrawal of counsel upon the consent of the Court.
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Here, the client consents to the withdrawal. In a December 9, 2014 phone call, Mr. Grunin advised
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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.
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Both counsel request that the Court grant the Joint Motion to Withdraw as Mr. Grunins
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Attorneys of Record on the moving papers as opposed to a Hearing. Mr. Weinstein has filed a Notice
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of Unavailability for the entire month of January (Dckt. 63). Additionally, the defendant, Mr. Grunin,
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has provided a signed, notarized consent to the withdrawal that provides his address for the service of
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OF RECORD
(Case No. 14-cv-02323)
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
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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____________
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Andrew Gordon, Bar No. 6309109

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By: /s/ Seth Weinstein________
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Seth Weinstein, Bar No. 279625

Sweinsteinlaw@gmail.com
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Martin Grunin
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OF RECORD
(Case No. 14-cv-02323)
Case3:14-cv-02323-WHA Document69-1 Filed12/11/14 Page1 of 1
12/11/2014
Case3:14-cv-02323-WHAGordonLaw,LtdMailFacebookv.Grunin
Document69-2 Filed12/11/14 Page1 of 2
AndrewGordon<abg@gordonlawltd.com>
Facebookv.Grunin
Tue,Dec9,2014at1:31PM
To:JoeCutler<JCutler@perkinscoie.com>,"Jennison,Judy(PerkinsCoie)"<JJennison@perkinscoie.com>
Cc:SethWeinstein<sweinsteinlaw@gmail.com>,MichaelRaff<Michael@gordonlawltd.com>
Bcc:63e2d7789+matter1024812109@maildrop.goclio.com
Counsel,
Pleasebeadvisedthatwewillberequestingthecourt'sleavetowithdrawascounselofrecordforMr.Grunin.
WeanticipatefilingtheMotiontomorrowandnoticeitwithoutahearing.DoesFacebookintendtoopposethis
Motion?
Ifahearingisrequired,wewouldliketomovetheMotionforDefaultJudgmenttothesameday.Aswe
previouslydiscussed,SethandMyselfarenotavailableonthepresentlyscheduleddateofJanuary8.
Thankyou,
ANDREWB.GORDON
ATTORNEYATLAW
CERTIFIEDPUBLICACCOUNTANT
GORDONLAWGROUP,LTD
ONEFIRSTBANKPLAZA,#302
LAKEZURICH,IL60047
DIRECT(847)2356095
OFFICE(847)5801279
FAX(847)3051202
EMAILABG@GORDONLAWLTD.COM
Theinformationcontainedinthiselectronicmailmessage,includinganyattachments,isconfidential,maybeprivilegedandis
protectedbytheElectronicCommunicationsPrivacyAct,18U.S.C.Sections25102522.Unauthorizeduse,copyingor
distributionofthismessage,includinganyattachments,isstrictlyprohibitedandmaybeunlawful.Ifthismessagewassentto
youinerror,pleasenotifythesenderbyreturnemailanddestroythismessage,includinganyattachments.
IRSCircular230Notice:Thestatementscontainedhereinarenotintendedtoanddonotconstituteanopinionastoanytaxor
othermatter.Theyarenotintendedorwrittentobeused,andmaynotbereliedupon,byyouoranyotherpersonforthe
purposeofavoidingpenaltiesthatmaybeimposedunderanyfederaltaxlaworotherwise.
Pleaseconsidertheenvironmentbeforeprintingthisemail.
https://mail.google.com/mail/ca/u/0/?ui=2&ik=de98222931&view=pt&q=joe&qs=true&search=query&msg=14a30888354be5d0&siml=14a30888354be5d0
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12/11/2014
Case3:14-cv-02323-WHAGordonLaw,LtdMailFacebookv.Grunin
Document69-2 Filed12/11/14 Page2 of 2
Facebookv.Grunin
Cutler,JosephP.(PerkinsCoie)<JCutler@perkinscoie.com>
Tue,Dec9,2014at5:30PM
To:AndrewGordon<abg@gordonlawltd.com>,"Jennison,Judy(PerkinsCoie)"<JJennison@perkinscoie.com>
Cc:SethWeinstein<sweinsteinlaw@gmail.com>,MichaelRaff<Michael@gordonlawltd.com>
Andrew,
Thankyoufortheheadsupontomorrowsfiling.Facebookdoesnotintendtoopposethemotion.
Joe
JosephCutler|PerkinsCoieLLP
COUNSEL
1201ThirdAvenueSuite4900
Seattle,WA981013099
D.+1.206.359.6104
F.+1.206.359.7104
E.JCutler@perkinscoie.com
From:AndrewGordon[mailto:abg@gordonlawltd.com]
Sent:Tuesday,December09,201411:31AM
To:Cutler,JosephP.(PerkinsCoie)Jennison,Judy(PerkinsCoie)
Cc:SethWeinsteinMichaelRaff
Subject:Facebookv.Grunin
[Quotedtexthidden]
NOTICE:Thiscommunicationmaycontainprivilegedorotherconfidentialinformation.Ifyouhavereceiveditin
error,pleaseadvisethesenderbyreplyemailandimmediatelydeletethemessageandanyattachmentswithout
copyingordisclosingthecontents.Thankyou.
https://mail.google.com/mail/ca/u/0/?ui=2&ik=de98222931&view=pt&q=joe&qs=true&search=query&msg=14a31638dfe0485d&siml=14a31638dfe0485d
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Telephone: (310) 707-7131
Facsimile: (818) 475-1945
Martin Grunin
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FACEBOOK, INC.,
Plaintiff,
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v.
MARTIN GRUNIN,
Defendant.
______________________________
Case No.
C 14-02323 WHA
3:14-cv-02323-WHA
CERTIFICATE OF SERVICE
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
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Signed, notarized statement of Mr. Grunin consenting to the Joint Motion to

Withdraw as Defendant Martin Grunins Attorneys of Record Without Hearing
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Declaration of Attorney Andrew Gordon
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Declaration of Attorney Seth Weinstein

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CERTIFICATE OF SERVICE; Case No.
3:14-cv-02323-CRB
Proposed Order On Attorneys Andrew Gordons and Seth Weinsteins Joint

Motion to Withdraw as Mr. Grunins Attorneys of Record Without Hearing
was served upon the below listed parties by the methods indicated:
By Electronic Mail to:
Andrew Gordon; abg@gordonlawltd.com
Seth Weinstein; sweinsteinlaw@gmail.com
Judy Jennison; jjennison@perkinscoie.com
Joseph Cutler; jcutler@perkinscoie.com
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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:
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/S/_Andrew Gordon_________
Andrew Gordon
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CERTIFICATE OF SERVICE; Case No.
3:14-cv-02323-CRB
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Telephone: (310) 707-7131
Facsimile: (818) 475-1945
Martin Grunin
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FACEBOOK, INC.,
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Plaintiff,
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DECLARATION OF ATTORNEY
ANDREW GORDON IN SUPPORT OF
ATTORNEYS JOINT MOTION TO
WITHDRAW AS MR. GRUNINS
HEARING
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MARTIN GRUNIN,
Defendant.
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______________________________
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Date:
Time:
Judge:
Location:
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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).
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4. On December 9, 2014, Mr. Weinstein and I spoke to defendant Mr. Grunin over the
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telephone. Mr. Grunin indicated that he wished to have Mr. Gordon and I withdraw as his
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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.
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5. During that phone call, Mr. Weinstein and I informed Mr. Grunin as to what he could expect
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regarding his case once Mr. Weinstein and I received this Courts permission to withdraw.
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We again spoke to Mr. Grunin by phone on December 10, 2014 and he again indicated his
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preference to relieve Mr. Gordon and I as his attorneys of record in this matter and continue in
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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
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statement, which includes his address of preference for correspondence related to his case, is
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attached to this Joint Motion.
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7. I sent Plaintiffs Counsel an email on December 9, 2014 inquiring as to whether they would
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oppose the Joint Motion to Withdraw as Mr. Grunins Counsels of Record. Joseph Cutler, one
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of Plaintiffs attorneys, indicated that they would not oppose the Joint Motion. These two
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emails are attached to the Joint Motion to Withdraw as Mr. Grunins Attorneys of Record.
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).
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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
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10th of December 2014 at Lake Zurich, IL.
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__________________________
Andrew Gordon
Attorney at Law
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Telephone: (310) 707-7131
Facsimile: (818) 475-1945
Martin Grunin
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FACEBOOK, INC.,
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Plaintiff,
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[PROPOSED] ORDER ON ATTORNEYS

ANDREW GORDON AND SETH
WEINSTEINS JOINT MOTION FOR
LEAVE OF COURT TO WITHDRAW AS
HEARING
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MARTIN GRUNIN,
Defendant.
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______________________________
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Date:
Time:
Judge:
Location:
(date)(month), (year)
(time)
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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.
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OTHER ORDERS:
________________________________
________________________________
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________________________________
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IT IS SO ORDERED THIS ________ day of _________, ________.
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________________________________
William H. Alsup
United States District Judge
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Case3:14-cv-02323-WHA Document69 Filed12/11/14 Page1 of 3

Andrew B. Gordon, IL Bar No. 6309109

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

Case No. 3:14-cv-02323-WHA

Hon. William H. Alsup

COUNSELS ANDREW GORDON &

Case3:14-cv-02323-WHA Document69 Filed12/11/14 Page2 of 3

COMES NOW, ATTORNEYS ANDREW GORDON AND SETH WEINSTEIN, attorneys

as Mr. Grunins attorneys of record.

MEMORANDUM OF POINTS & AUTHORITIES

withdraw as Mr. Grunins attorneys of record.

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

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

COUNSELS ANDREW GORDON &

Case3:14-cv-02323-WHA Document69 Filed12/11/14 Page3 of 3

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

By: /s/ Andrew Gordon____________

Andrew Gordon, Bar No. 6309109

By: /s/ Seth Weinstein________

Seth Weinstein, Bar No. 279625

Attorneys for Defendant

COUNSELS ANDREW GORDON &

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

Case3:14-cv-02323-WHA Document69-3 Filed12/11/14 Page1 of 3

Case3:14-cv-02323-WHA Document69-3 Filed12/11/14 Page2 of 3

Case3:14-cv-02323-WHA Document69-3 Filed12/11/14 Page3 of 3

Case3:14-cv-02323-WHA Document69-4 Filed12/11/14 Page1 of 2

Andrew B. Gordon, IL Bar No. 6309109

Seth Weinstein, CA Bar No. 279625)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

Attorneys Andrew Gordons and Seth Weinsteins Joint Motion to Withdraw as

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

Declaration of Attorney Andrew Gordon

Declaration of Attorney Seth Weinstein

Case3:14-cv-02323-WHA Document69-4 Filed12/11/14 Page2 of 2

Proposed Order On Attorneys Andrew Gordons and Seth Weinsteins Joint

By Electronic Mail to:

Andrew Gordon; abg@gordonlawltd.com

Seth Weinstein; sweinsteinlaw@gmail.com

Judy Jennison; jjennison@perkinscoie.com

Joseph Cutler; jcutler@perkinscoie.com

Executed this 11th of December 2014.

Case3:14-cv-02323-WHA Document69-5 Filed12/11/14 Page1 of 3

Andrew B. Gordon, IL Bar No. 6309109

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

Case No. 3:14-cv-02323-WHA

Hon. William H. Alsup

Case3:14-cv-02323-WHA Document69-5 Filed12/11/14 Page2 of 3

ATTORNEY ANDREW GORDON DECLARES:

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

attached to this Joint Motion.

Case3:14-cv-02323-WHA Document69-5 Filed12/11/14 Page3 of 3

10th of December 2014 at Lake Zurich, IL.

Case3:14-cv-02323-WHA Document69-6 Filed12/11/14 Page1 of 2

Andrew B. Gordon, IL Bar No. 6309109

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED THIS ____ day of _, ____.