Facebook, Inc. v. Guerbuez et al

Filing 14

Declaration of P. Wayne Hale in Support of 13 Notice (Other) filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Related document(s) 13 ) (Hale, Peter) (Filed on 11/10/2008)

EXHIBIT L

Case 2:07-cv-01929-ABC-AGR

Document 133

Filed 05/29/2008

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1 GREENBERG TRAURIG, LLP 2 3 4 5 6 7

IAN C. BALLON (SBN 141819) WENDY M. MANTELL (SBN 225544) LORI CHANG (SBN 228142) NINA D. BOYAJIAN (SBN 246415) 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: [phone] Facsimile: [phone] Email: [e-mail], [e-mail] Attorneys for Plaintiff

8 MYSPACE, INC. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MYSPACE, INC., a Delaware Corporation, Plaintiff, vs. SANFORD WALLACE D/B/A FREEVEGASCLUBS.COM, REALVEGAS-SINS.COM, and FEEBLE MINDED PRODUCTIONS, an individual; WALTER RINES, an individual; ONLINE TURBO MERCHANT, INC., a corporation; and ODYSSEUS MARKETING, INC., a corporation, Defendants. CASE NO. CV-07-1929 ABC (AGRx) AMENDED ORDER GRANTING PLAINTIFF MYSPACE, INC.'S MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS SANFORD WALLACE AND WALTER RINES Filed concurrently with: Notice of Errata Date: May 12, 2008 Time: 10:00 a.m. Ctrm: 680 Judge: Hon. Audrey B. Collins

[PROPOSED] AMENDED ORDER GRANTING MYSPACE'S MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS

Case 2:07-cv-01929-ABC-AGR

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1 Plaintiff MySpace, Inc.'s ("MySpace") Motion For Default Judgments Against 2 Defendants Sanford Wallace And Walter Rines came before the Court on May 12, 208, 3 in courtroom 680, the Honorable Audrey B. Collins presiding. Having reviewed the 4 moving and opposing papers and supporting declarations filed with the Court, and having 5 heard the arguments of counsel, IT IS HEREBY ORDERED AND ADJUDGED THAT: 6

Default judgments are entered against defendants Sanford Wallace and Walter A. [To be checked by the Court]

7 Rines as follows: 8 9

__X__ Statutory damages in the amount of $160,390,200 against Wallace and

10 $223,777,500 against Rines, for violations of the CAN-SPAM Act ($160,390,200 in joint 11 and several liability and an additional $63,387,300 against Rines). 12 13

[OR] ____ Liquidated damages in the amount of $70,731,700 against Wallace and

14 $81,296,250 against Rines, for violations of MySpace's TOU Contract ($81,296,250 in 15 joint and several liability and an additional $10,564,550 against Rines); plus punitive 16 damages in the amount of $25,000,000 for unfair competition. 17

B.

Statutory damages in the amount of $1,500,000 are awarded against

18 defendants for violations of California's anti-phishing statute, Cal. Bus. & Prof. Code § 19 22948.2. 20

C.

Attorneys' fees awarded against defendants in an amount that equals to

21 $4,509,150, as calculated pursuant to the formula prescribed by Local Rule 55-3 ($5,600 22 plus 2% of the amount over $100,000); plus costs of suit. 23 24

D.

A permanent injunction against defendants, as follows:

The Court ENJOINS defendants Sanford Wallace and Walter Rines (collectively

25 "defendants") and their agents, servants, employees, representatives, and all other 26 persons or entities acting on defendants' behalf or in concert or participation with 27 defendants, from: 28
1 [PROPOSED] AMENDED ORDER GRANTING MYSPACE'S MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS

Case 2:07-cv-01929-ABC-AGR

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1

(1)

accessing or using the MySpace.com website, MySpace Internet messaging

2 service and/or any other services offered by or through MySpace (the "MySpace 3 Service") to directly or indirectly send or transmit any electronic communications, emails 4 or instant messages to any MySpace user or MySpace account or to post comments or 5 bulletins; 6 7 8

(2) (3) (4)

establishing or maintaining MySpace profiles or accounts; using the MySpace Service for a commercial purpose; referring to MySpace in connection with any unsolicited commercial

9 electronic communication, email or instant message, in any way that falsely or 10 fraudulently suggests that such message was approved by, generated by, or is in any way 11 affiliated with MySpace; 12

(5)

using any MySpace logo or using any graphic, interface, or other

13 presentation that approximates or resembles the MySpace.com log-in page to mislead 14 users into believing that they are logging onto their MySpace.com accounts rather than 15 providing defendants with their username and password; 16

(6)

inducing a MySpace user to provide MySpace identifying information,

17 including MySpace account information such as a username and/or password, without 18 first informing the user the defendants are not affiliated with or sanctioned by MySpace 19 and without obtaining fully informed, knowing, and voluntary consent through a separate 20 affirmative step by the user; 21

(7)

using any automated scripts, bots, or other executable programs in

22 connection with any MySpace account or the MySpace Service or providing such 23 programs to third parties for use on the MySpace Service; and 24 25 26 27 28
2 [PROPOSED] AMENDED ORDER GRANTING MYSPACE'S MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS

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1

(8) encouraging, facilitating, enabling or inducing any person or entity to do any of

2 the above. 3 4 5 DATED: May 29, 2008 6 7 8 9 10 Submitted by: 11 12 GREENBERG TRAURIG LLP 13 14 By________________________ 15 16

By: ___________________________________ Honorable Audrey B. Collins United States District Judge

IAN C. BALLON WENDY M. MANTELL LORI CHANG MYSPACE, INC.

17 Attorneys for Plaintiff 18 19 20 21 22 23 24 25 26 27 28
3 [PROPOSED] AMENDED ORDER GRANTING MYSPACE'S MOTION FOR DEFAULT JUDGMENTS AGAINST DEFENDANTS