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Facebook, Inc. v. Grunin

United States District Court, N.D. California

January 8, 2015

FACEBOOK, INC., Plaintiff,
v.
MARTIN GRUNIN, Defendant

Page 966

[Copyrighted Material Omitted]

Page 967

For Facebook, Inc., a Delaware Corporation, Plaintiff: Judith Bond Jennison, LEAD ATTORNEY, Perkins Coie LLP, Seattle, WA.

Martin Grunin, an individual, Defendant, Pro se, Brooklyn, NY.

Page 968

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION

WILLIAM ALSUP, UNITED STATES DISTRICT JUDGE.

INTRODUCTION

In this action involving alleged computer fraud and abuse, plaintiff moves for default judgment and a permanent injunction. For the reasons stated herein, plaintiff's motion is granted. A copy of this order will also be referred to the Office of the United States Attorney.

STATEMENT

Prior orders recounted the history of this action so it will not be repeated herein (Dkt. Nos. 33, 65). In brief, Martin Grunin, the only defendant, was personally served with the summons and operative complaint on May 22, 2014 (Dkt. Nos. 13, 20). No responsive pleading was timely filed.

Instead, Grunin, an adult, larded the record with a hodgepodge of documents. Here are some details:

o In May 2014, Grunin filed a document purporting to confer " special limited power of attorney" on a non-attorney, " Brian-Robert: Costello."
o Grunin also filed a copy of the summons and complaint with the following handwritten note:
I DO NOT ACCEPT THIS OFFER TO CONTRACT and I DO NOT CONSENT TO THESE PROCEEDINGS.
BY: Brian Robert: Costello
Public Minister / Diplomat
united states of America [sic]
For: Martin Grunin
o Grunin also filed a " declaration of Copyright Trademark," purporting to claim a right to the phrase " MARTIN GRUNIN" (Dkt. No. 8).
o In June 2014, Grunin filed a " constructive notice of conditional acceptance," stating that he would accept Facebook's " offer to stop deleting any/all files" on the condition that Facebook pay him $100,000. He further stated that future attempts to " communicate or summon" him to any " public court" would require " consideration" of one million dollars (Dkt. Nos. 10, 17).
o He also filed a " notice of offer to settle," stating that he was tendering a check for $250 to " settle the matter." He further stated that " failure to honor the contract" would result in a penalty of $50,000 and " all phone call(s) are two thousand ($2000.00) dollars, per call" (Dkt. Nos. 23, 27).
o Default was registered against Grunin on June 23, 2014 (Dkt. No. 22).
o In July 2014, Grunin filed a " notice," stating that if Facebook wished to enter into a " contractual relationship" it must pay ...

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