Case3:14-cv-02323-WHA Document83 Filed02/02/15 Page1 of 3

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Judith B. Jennison, Bar No. 165929

JJennison@perkinscoie.com
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Attorneys for Plaintiff
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FACEBOOK, INC.,
Plaintiff,

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Case No. 2014-CV-02323

PLAINTIFF FACEBOOK, INC.S REPLY
IN SUPPORT OF DAMAGES

v.
MARTIN GRUNIN,
Defendant.

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In its January 8 Order granting Facebooks motion for default judgment, Dkt. No. 76
(Order), the Court warned Grunin that his opposition to Facebooks damages submission must
set forth a specific counteranalysis, appending all of his counter-proof in a sworn declaration.
Id. Grunins Response to Brief in Support of Damages, Dkt. No. 82 (Response) does not
comply with the Courts order.
Grunins challenge to Facebooks compensatory damages is a challenge to the underlying
claims already adjudicated, not the assessment of damages. As the Court has noted, Grunin has
had numerous opportunities to defend his innocence, and has failed to do so. Id. at 3. Moreover,
Grunins submission attaches no declaration or other evidence to support his position.

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PLAINTIFF FACEBOOK, INC.S REPLY

ISO DAMAGES (Case No. 14-cv-02323)

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Accordingly, Grunin has not effectively challenged Facebooks request for compensatory

damages.
Grunin has also failed to effectively challenge Facebooks request for punitive damages.

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He suggests that punitive damages are unnecessary because he has already been punished enough.

But his unsupported claims are unpersuasive. The Court has already recognized the numerous

ways in which Grunin has caused substantial harm to Facebook. See, e.g., Order at 4 (accepting

the claims set forth in Facebooks Complaint as true, and highlighting the fact that Grunin

continued to create Facebook accounts after two cease-and-desist letters were sent to him and

that Facebook has disabled more than 70 accounts linked to Grunin). After Facebook filed its

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Complaint against him, he thumbed his nose at both Facebook and the judicial system by

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lard[ing] the record with a hodgepodge of documents that evaded the claims against him (id. at

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1) showing an utter lack of remorse. Moreover, Grunins recent public statements contradict his

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claim that this lawsuit has hampered his lifestyle or compromised his personal relationships. On

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November 21. 2014, Grunin posted a message on Reddit.com detailing the demise of his

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relationship with his girlfriend of 9 years. Jennison Declaration, Exh. A and

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http://www.reddit.com/user/mgrunin. In the post, Grunin recounts numerous reasons his

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relationship failed and the claims by Facebook are not among them. The difference between

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Grunins public statements and statements to the court are further evidence that Grunin continues

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to ignore the seriousness of his actions. Significant punitive damages are appropriate here.
Grunin also argues that Facebooks request for attorneys fees should be denied, claiming

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that this case is a run-of-the-mill default. Reply at 4. As the Court has already acknowledged,

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this case has not been typical. Order at 12 (summarizing Grunins numerous strange and

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inappropriate filings). Grunins actions required much more work on the part of Facebooks legal

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team than would be the case in the typical default. The representation by a non-lawyer, the

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repeated bogus filings, and the motion to set aside default all compounded the work required to

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prosecute the case. Accordingly, Grunin has not effectively challenged Facebooks request for

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fees.

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PLAINTIFF FACEBOOK, INC.S REPLY

ISO DAMAGES (Case No. 14-cv-02323)

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Because Grunin has failed to provide any evidence or counteranalysis that properly

disputes Facebooks damages, the court should give it no weight in determining the appropriate

amount of compensatory and punitive damages.

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DATED: February 2, 2015

PERKINS COIE LLP

By:

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/s/ Judith B. Jennison

Judith B. Jennison, Bar No. 165929
JJennison@perkinscoie.com

Attorneys for Plaintiff

FACEBOOK, INC.

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PLAINTIFF FACEBOOK, INC.S REPLY

ISO DAMAGES (Case No. 14-cv-02323)