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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 1 of 12
`
`Michael A. Sherman (SBN 94783)
`masherman@stubbsalderton.com
`Jeffrey F. Gersh (SBN 87124)
`jgersh@stubbsalderton.com
`Sandeep Seth (SBN 195914)
`sseth@stubbsalderton.com
`Wesley W. Monroe (SBN 149211)
`wmonroe@stubbsalderton.com
`Stanley H. Thompson, Jr. (SBN 198825)
`sthompson@stubbsalderton.com
`Viviana Boero Hedrick (SBN 239359)
`vhedrick@stubbsalderton.com
`STUBBS, ALDERTON & MARKILES, LLP
`15260 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`Telephone:
`(818) 444-4500
`Facsimile:
`(818) 444-4520
`
`Attorneys for Plaintiffs
`[Additional Attorneys listed
`below]
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET AL., PATENT LITIGATION
`
`
`_______________________________________
`
`Related Cases:
`
`PersonalWeb Technologies, LLC, et al., v.
`LESSON NINE GMBH, a Germany Limited
`Liability Company, Case No.: 5:18-CV-03453-
`BLF
`
`PersonalWeb Technologies, LLC, et al., v.
`MWM MY WEDDING MATCH LTD., a Canada
`limited company, Case No.: 5:18-CV-03457-
`BLF
`
`PersonalWeb Technologies, LLC, et al., v. OUR
`FILM FESTIVAL, INC., a Delaware corporation,
`doing business as FANDOR, INC., Case No.,
`5:18-CV-00159-BLF
`
`PersonalWeb Technologies, LLC, et al., v.
`PAYPAL, INC. a Delaware Corporation, Case
`No.: 5:18-Cv-00177-BLF
`
`
`
`
`
`
`
`
`NOTICE OF MOTION AND MOTION FOR LEAVE
`TO EXTEND PERIOD OF SERVICE TO
`
`DEFENDANTS NUNC PRO TUNC
`
`
`
`Case No.: 5:18-md-02834-BLF
`
`Magistrate Judge Hon. Beth L. Freeman
`
`
`PLAINTIFFS PERSONALWEB
`TECHNOLOGIES, LLC AND LEVEL 3
`COMMUNICATIONS, LLC NOTICE OF
`MOTION AND MOTION FOR LEAVE TO
`EXTEND PERIOD OF SERVICE TO
`DEFENDANTS NUNC PRO TUNC;
`MEMORANDUM OF POINTS AND
`AUTHORITIES IN SUPPORT THEREOF
`
`[Declaration of Viviana Boero Hedrick and
`Proposed Order filed concurrently herewith]
`
`DATE: March 7, 2019
`TIME: 9:00 AM
`PLACE: Courtroom 3, 5TH Floor
`
` 280 South First Street
`
` San Jose, CA 95113
`
`5:18-MD-02834-BLF
`RELATED CASES
`
`

`

`
`
`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 2 of 12
`
`PersonalWeb Technologies, LLC, et al., v.
`UNDER ARMOUR, INC. A Maryland
`Corporation: Case No.: 5:18-Cv-00166-BLF
`
`
`PersonalWeb Technologies, LLC, et al., v.
`YOTPO LTD., An Israel Corporation Case No.:
`5:18-Cv-03452-BLF
`
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`NOTICE OF MOTION AND MOTION FOR LEAVE
`TO EXTEND PERIOD OF SERVICE TO
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`DEFENDANTS NUNC PRO TUNC
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`5:18-MD-02834-BLF
`RELATED CASES
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 3 of 12
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`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`
`PLEASE TAKE NOTICE that pursuant to the Court’s Case Management Order No. 1 (Dkt
`
`157) (the “Order”), Plaintiffs PersonalWeb Technologies, LLC (“PersonalWeb”) and Level 3
`
`Communications, LLC (“Level 3”) (collectively, “Plaintiffs” or “PersonalWeb”) will, and hereby do
`
`move for an order granting this Motion for Leave to Extend Period of Service on Defendants Nunc
`
`Pro Tunc. The Motion will be based on this Notice and Motion, the Memorandum of Points and
`
`Authorities below, the Declaration of Viviana Boero Hedrick, and the [Proposed] Order.
`
`In the Order, the Court ruled that PersonalWeb “may request leave to extend the 90-day period
`
`to serve those defendants not yet served, in those cases where the 90-day period has expired” (Dkt
`
`157). PersonalWeb seeks an additional 90-days to effectuate service on Defendants Our Film Festival,
`
`Inc. (“Our Film Festival,” formerly erroneously sued under its dba name as “Fandor, Inc.”), PayPal,
`
`Inc. (“PayPal,” formerly erroneously sued by one of its brand names, “Venmo, Inc.” which is wholly
`
`owned by PayPal, Inc.), and Under Armour, Inc. (“Under Armour,” formerly erroneously sued under
`
`MyFitnessPal, Inc., an entity that was merged into and is owned by Under Armour, Inc.). Additional
`
`time is needed to serve the aforementioned defendants because they were inadvertently sued under the
`
`incorrect entity name, and PersonalWeb needed to amend the operative pleadings to sue the correct
`
`respective entities, but PersonalWeb was unable to file amended complaints to serve these Defendants
`
`due to the litigation stay then in place.
`
`PersonalWeb likewise seeks an additional 90-days to effectuate service on the following three
`
`international defendants for which service must be accomplished abroad in compliance with the Hague
`
`Convention: LessonNine GmbH (“Lesson Nine”), a German corporation that as of October 4, 2018 is
`
`represented by Fenwick and West, counsel for Amazon.com, Inc. and Amazon Web Services, Inc.
`
`(collectively, “Amazon”) and numerous website operator defendants; Yotpo, Inc. (“Yotpo”), an Israeli
`
`corporation that is also represented by Fenwick and West, but for which Fenwick and West has refused
`
`to accept service; and MWM My Wedding Match, Inc. (“My Wedding Match”), a Canadian
`
`corporation. PersonalWeb has encountered difficulty effectuating service on these three foreign
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
`
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`1
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`5:18-MD-02834-BLF
`RELATED CASES
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 4 of 12
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`entities given their international status. Additional time is needed to serve these three foreign
`
`defendants due to the time-consuming and complex nature of serving corporate entities abroad.
`
`For the reasons set forth above, and in further detail below, PersonalWeb respectfully requests
`
`that the Court grant it leave to extend the 90-day period nunc pro tunc to give PersonalWeb an
`
`additional 90-days from October 4, 2018, the date PersonalWeb filed all of its amended complaints,
`
`including its First Amended Complaint against Our Film Festival, PayPal and Under Armour, and its
`
`Second Amended Complaint against Lesson Nine, Yotpo and My Wedding Match, to give
`
`PersonalWeb sufficient time to serve these defendants.
`
`I.
`
`MEMORANDUM OF POINTS AND AUTHORITIES
`
`PersonalWeb encountered difficulty serving six defendants that are party to this multidistrict
`
`litigation, to wit, Our Film Festival, PayPal, Under Armour, and foreign defendants Lesson Nine,
`
`Yotpo and My Wedding Match. For the reasons articulated below, and supported by the attached
`
`Declaration of Viviana Boero Hedrick, PersonalWeb has been unable to serve the following six
`
`Defendants with their respective operative amended complaint for patent infringement:
`
`Our Film Festival, PayPal and Under Armour
`
`On January 8, 2018, PersonalWeb filed separate Complaints for Patent Infringement against
`
`Fandor, Inc., Venmo, Inc. and MyFitnessPal, Inc. Due to facts that emerged post-filing of these
`
`complaints, PersonalWeb learned that it had sued the incorrect entities.
`
`Specifically, on March 1, 2018, Ryan Hubbard of Kirkland & Ellis LLP informed PersonalWeb
`
`that Fandor Inc. was not the operator of the infringing website at issue, fandor.com, but instead that
`
`Fandor, Inc. was a dba for Our Film Festival, the actual entity that owns and operates fandor.com. Mr.
`
`Hubbard asserted that he would not accept service until the entity was corrected on the summons and
`
`complaint. On April 6, 2018, Michael A. Sherman, counsel for PersonalWeb, sent an email to Mr.
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
`
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`2
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`RELATED CASES
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 5 of 12
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`Hubbard stating that PersonalWeb would be amending the complaint and causing a new summons to
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`be issued.
`
`During this time, PersonalWeb conducted a good faith investigation to not only amend the
`
`complaint against Fandor, Inc. to name the correct entity, but to also make additional amendments to
`
`further plead the infringement against this defendant. During this time, PersonalWeb conducted
`
`further investigation into other actions, and learned that PayPal, Inc., and not the entity sued, Venmo,
`
`Inc., was the true and correct owner and operator of the infringing website venmo.com. Similarly,
`
`PersonalWeb discovered that MyFitnessPal had merged into Under Armour, and that Under Armour
`
`was the correct owner and operator of the infringing website, myfitnesspal.com.
`
`On April 27, 2018, the court ordered stayed fourteen (14) underlying actions in which the
`
`defendant filed a motion to stay until the June 7, 2018 hearing on PersonalWeb’s then motion to
`
`dismiss Amazon’s First Amended Complaint (Amazon.com, Inc. et al. v. PersonalWeb Tech., LLC et
`
`al., Case No. 5:18-cv-00767-BLF (N.D. Cal.)). Thereafter, the Court set a Preliminary Case
`
`Management Conference via an order issued on June 18, 2018 (Dkt. 19). However, on July 13, 2018,
`
`due to a scheduling conflict by Defense Counsel, the parties filed a Joint Stipulation and [Proposed]
`
`Order Continuing the Preliminary Case Management Conference and Extending the Stay of
`
`Proceedings (Dkt 26). Therein, among other things, the parties agreed to stay all of the actions pending
`
`against the website operator defendants until the rescheduled date for the Preliminary Case
`
`Management Conference, which was ultimately set for September 20, 2018.
`
`As a result of the stay put in place in July as to these actions, PersonalWeb was unable to file
`
`the amended complaints needed to sue the correct entities, and as such, was unable to serve these three
`
`Defendants. PersonalWeb therefore respectfully requests that it be given an additional 90-days from
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
`
`
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`3
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`5:18-MD-02834-BLF
`RELATED CASES
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 6 of 12
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`October 4, 2018--the date it filed its respective First Amended Complaint against Our Film Festival,
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`PayPal and Under Armour--to serve each of these Defendants.
`
`Lesson Nine, Yotpo and My Wedding Match
`
`PersonalWeb has not been dilatory, but quite the contrary, has diligently worked to effectuate
`
`service of the summons and complaint on foreign defendants Lesson Nine, Yotpo and My Wedding
`
`Match. PersonalWeb began the process of serving each of these defendants months ago and service
`
`has indeed been pending for months. However, because each of these three defendants are foreign
`
`entities which require service abroad pursuant to the Hague Convention, service has not been
`
`accomplished due to the time-consuming nature of effectuating service in a foreign country. The
`
`specific facts underlying PersonalWeb’s service efforts are outlined for each foreign defendant below.
`
`LessonNine
`
`
`
`
`
`• On January 17, 2018, PersonalWeb filed the Complaint for Patent Infringement against
`Lesson Nine.
`
`• Pursuant to FRCP 4(d)(l)(A)(ii), on or about February 12, 2018, PersonalWeb
`caused to be delivered a Notice of a Lawsuit and Request to Waive Service of a
`Summons (“Waiver”) via Federal Express to Markus Witte, CEO, at Suite 51, “The
`Yard”, 85 Delancey Street, Third Floor, New York, NY 10002. Hedrick Decl., Ex.
`1.
`
`
`• PersonalWeb next attempted to serve Lesson Nine in New York at its U.S.
`subsidiary, Babbel, Inc.’s, office. Due to clerical error, the Waiver had to be re-
`sent to Babbel, Inc. on May 10, 2018. Hedrick Decl., Ex. 2.
`
`• Pursuant to FRCP 4(f)(l), PersonalWeb delivered a Request for Service Abroad of
`Judicial or Extra Judicial Documents (“Request”). According to Article 5(3) of the
`Hague Convention on the Service Abroad or Judicial and Extrajudicial Documents
`in a Civil or Commercial Matters, all documents to be served in Germany must be
`prepared in German, therefore requiring PersonalWeb to translate the Complaint,
`its exhibits, and all related papers. Due to the high cost to translate the Complaint,
`exhibits and related papers to German, as is required to serve Lesson Nine under
`the Hague Convention, service on Lesson Nine was temporarily briefly delayed as
`it was cost-prohibitive. Hedrick Decl., Ex. 3.
`
`• On May 10, 2018, PersonalWeb submitted a Verified Petition in the transferor court,
`the Eastern District of Texas, regarding Service of Process (Dkt 8, PersonalWeb
`Technologies, LLC et al., v. Lesson Nine GmbH, 5:18-cv-03453 (“Lesson Nine EDTX
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
`
`
`
`4
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`5:18-MD-02834-BLF
`RELATED CASES
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 7 of 12
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`Action”), in response to that court’s April 30, 2018 Notice of Impending Dismissal
`(Dkt 7, Lesson Nine EDTX Action).
`
`• On May 25, 2018, the Eastern District of Texas granted PersonalWeb’s Verified
`Petition Regarding Service of Process, ordering service by June 11, 2018. (Dkt 9,
`Lesson Nine EDTX Action) Hedrick Decl., Ex. 4.
`
`• On May 29, 2018, PersonalWeb filed a First Amended Complaint for Patent
`Infringement in which the Exhibits were removed to substantially lower the cost of
`translating the complaint into German as is required by the Hague Convention. (Dkt
`10, Lesson Nine EDTX Action).
`
`• On June 6, 2018, the United States Judicial Panel on Multidistrict Litigation ordered
`the transfer of 48 actions, including LessonNine, to the Northern District of California.
`(Dkt 134, In re PersonalWeb Technologies, LLC and Level 3 Communications, LLC,
`Patent Litigation, MDL No. 2834 (JPML, June 6, 2018).
`
`• On June 18, 2018, this Court issued an order setting a Preliminary Case Management
`Conference and stating therein that all prior pleading or discovery dates by the
`transferor courts were vacated. (Dkt 19).
`
`• On July 5, 2018, PersonalWeb sent a Request for Service Abroad of Judicial or
`Extrajudicial Documents for service via The Hague Convention with the service
`documents translated into German. Hedrick Decl., Ex. 5.
`
`• On August 3, 2018, PersonalWeb received a letter from the Central Authority for
`Germany dated July 13, 2018, requesting additional service copies and further evidence
`supporting PersonalWeb’s counsel’s authority as a judicial officer in order to effectuate
`service on Lesson Nine. Hedrick Decl., Ex. 6.
`
`• On August 31, 2018, PersonalWeb revised its Request for Service Abroad of Judicial
`and Extrajudicial Documents as requested by the Central Authority for Germany,
`which was delivered on. Currently, PersonalWeb has not received a response to its
`revised Request. Hedrick Decl., Ex. 7.
`
`
`• PersonalWeb is filing concurrently with this motion a request to reissue the summons
`to reflect the operative Second Amended Complaint. As is required under the Hague
`Convention, PersonalWeb will then have the Reissued Summons translated into
`German, and then will serve the Second Amended Complaint and Reissued Summons
`on Lesson Nine. Hedrick Decl., Ex. 8.
`
`
`
`
`
`Yotpo
`
`• On January 17, 2018, PersonalWeb filed the Complaint for Patent Infringement against
`Yotpo.
`
`• Pursuant to FRCP 4(d)(l)(A)(ii), on or about February 12, 2018, PersonalWeb
`caused to be delivered a Notice of a Lawsuit and Request to Waive Service of a
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
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`5:18-MD-02834-BLF
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 8 of 12
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`Summons (“Waiver”) via Federal Express to Tomer Tagrin, CEO/President,
`33West 19th St., New York, NY 10011. Hedrick Decl., Ex. 9.
`
`• The Waiver was received by Yotpo on February 14, 2018, and signed for by V.
`Michale. Hedrick Decl., Ex. 10.
`
`• On or about March 14, 2018, defense counsel for Amazon and numerous other
`website operator defendants, J. David Hadden of Fenwick & West, appeared on
`Yotpo’s behalf in MDL Case No. 2834 pending before the Judicial Panel on
`Multidistrict Litigation (“JPML”) and represented to the JPML that Fenwick &
`West represented Yotpo in this action. (Dkt. 37, In re PersonalWeb Technologies,
`LLC and Level 3 Communications, LLC, Patent Litigation, MDL No. 2834) Hedrick
`Decl., Ex. 11.
`
`• Based on Fenwick & West’s representation of Yotpo in the JPML, and J. David
`Hadden’s representation to the JPML that he represented Yotpo in this action,
`counsel for PersonalWeb reached out to Fenwick and West on April 9, 2018 to
`follow up on PersonalWeb’s earlier request that Yotpo waive service of process in
`accordance with Rule 4 because the 60-day period for a foreign defendant to
`respond was about to expire. Hedrick Decl., Ex. 12.
`
`• While the cost-shifting provision of Fed.R.Civ.P. 4 for failure to waive service does
`not apply to foreign defendants, it provides that all defendants, including foreign
`entities, have a “duty to avoid unnecessary expenses of serving the summons”. In
`accordance with this rule, PersonalWeb’s counsel called Ravi Ranganath of
`Fenwick & West and asked him to agree to waive service on behalf of Yotpo.
`Hedrick Decl., Ex. 13.
`
`• As Fenwick & West did not get back to PersonalWeb’s counsel with an answer as
`to the Waiver request, on April 30, 2018, PersonalWeb contacted Fenwick & West
`to reiterate the request to execute the waiver for Yotpo. However, defense counsel
`refused to waive service unless PersonalWeb agreed to a stay of the action. Hedrick
`Decl., Ex. 14.
`
`• Because counsel for Yotpo conditioned the waiver of service on PersonalWeb’s
`agreement to stay this action, a substantial right that PersonalWeb was at that time
`unable to forfeit, PersonalWeb was unable to complete service via a Waiver of
`Service.
`
`• Thereafter, the following attempts were made on PersonalWeb’s behalf to effect
`international service on Yotpo via the Hague Convention. Pursuant to FCRP
`4(f)(l ), PersonalWeb caused to be delivered a Request for Service Abroad of
`Judicial or Extra Judicial Documents (“Request”), dated May 2, 2018, to the
`Administration of Courts, located in Jerusalem, Israel. Hedrick Decl., Ex. 15.
`
`• The Request was received by the Administration of Courts on May 6, 2018.
`Hedrick Decl., Ex. 16.
`
`• On May 10, 2018, PersonalWeb submitted a Verified Petition in the transferor court,
`the Eastern District of Texas, regarding Service of Process (Dkt 8, PersonalWeb
`Technologies, LLC et al., v. Yotpo Ltd., 5:18-cv-03452 (“Yotpo EDTX Action”), in
`
`
`NOTICE OF MOTION AND MOTION
`FOR LEAVE TO EXTEND PERIOD OF
`SERVICE TO DEFENDANTS NUNC PRO TUNC
`
`
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 9 of 12
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`response to that court’s April 30, 2018 Notice of Impending Dismissal (Dkt 7, Yotpo
`EDTX Action).
`
`• On May 25, 2018, the Eastern District of Texas granted PersonalWeb’s Verified
`Petition Regarding Service of Process, ordering service by June 11, 2018 (Dkt 9, Yotpo
`EDTX Action, Ex. 17).
`
`• On May 29, 2018, PersonalWeb filed a First Amended Complaint for Patent
`Infringement (Dkt 10, Yotpo EDTX Action).
`
`• On June 6, 2018, the United States Judicial Panel on Multidistrict Litigation ordered
`the transfer of 48 actions, including Yotpo, to the Northern District of California. (Dkt
`134, In re PersonalWeb Technologies, LLC and Level 3 Communications, LLC, Patent
`Litigation, MDL No. 2834 (JPML, June 6, 2018).
`
`• On June 6, 2018, the Central Authority from Israel confirmed that the documents were
`received, but PersonalWeb has not yet received a delivery confirmation or Certificate
`of Service. Hedrick Decl., Ex. 18.
`
`• On June 18, 2018, this Court issued an order setting a Preliminary Case Management
`Conference and stating therein that all prior pleading or discovery dates by the
`transferor courts were vacated, thereby vacating the order of service issued by the
`Eastern District of Texas court (Dkt 19),
`
`
`
`
`
`• PersonalWeb is filing concurrently with this motion a request to reissue the summons
`to reflect the operative Second Amended Complaint. Hedrick Decl., Ex. 19.
`
`
`My Wedding Match
`
`• On January 18, 2018, PersonalWeb filed the Complaint for Patent Infringement against
`MyWeddingMatch.
`
`• Pursuant to FRCP 4(d)(l)(A)(ii), on or about February 12, 2018, PersonalWeb caused
`to be delivered a Notice of a Lawsuit and Request to Waive Service of a Summons
`(“Waiver”) via Federal Express to CEO/President, 3208 Euclid Ave, Vancouver, BC
`CA V5R5E8. Hedrick Decl., Ex. 20.
`
`• Upon information and belief, My Wedding Match moved offices; Federal Express
`corrected the address and delivered the Waiver to My Wedding Match on February 19,
`2018. Hedrick Decl., Ex. 21.
`
`• Because My Wedding Match did not execute the Waiver, pursuant to FCRP 4(f)(l),
`PersonalWeb had delivered a Request for Service Abroad of Judicial or Extra Judicial
`Documents (“Request”), dated April 25, 2018, to the Central Authority, Administrator
`for the service of Foreign Documents, located in Vancouver, British Columbia. Hedrick
`Decl., Ex. 22.
`
`
`
`
`
`
`
`• The Request was received by the Administration of Courts on April 27, 2018. Hedrick
`Decl., Ex. 23.
`
`• On May 6, 2018, Mike Weiss, CEO of Plaintiff PersonalWeb Technologies, LLC
`received an email from Angel Pui, sent from a weddingful.com email address. The
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 10 of 12
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`email acknowledged this action, thereby confirming that the Request was complete,
`and My Wedding Match has been served. Hedrick Decl., Ex. 24.
`
`• On May 10, 2018, PersonalWeb submitted a Verified Petition in the transferor court,
`the Eastern District of Texas, regarding Service of Process (Dkt 8, PersonalWeb
`Technologies, LLC et al., v. MWM My Wedding Match Ltd., 5:18-cv-03457 (“My
`Wedding Match EDTX Action”), in response to that court’s April 30, 2018 Notice of
`Impending Dismissal (Dkt 7, My Wedding Match EDTX Action).
`
`• On May 25, 2018, the Eastern District of Texas granted PersonalWeb’s Verified
`Petition Regarding Service of Process, ordering service by June 11, 2018 (Dkt 9, My
`Wedding Match EDTX Action). Hedrick Decl., Ex. 25.
`
`• On May 29, 2018, PersonalWeb filed a First Amended Complaint for Patent
`Infringement (Dkt 10, My Wedding Match EDTX Action).
`
`• On June 6, 2018, the United States Judicial Panel on Multidistrict Litigation ordered
`the transfer of 48 actions, including My Wedding Match, to the Northern District of
`California. (Dkt 134, In re PersonalWeb Technologies, LLC and Level 3
`Communications, LLC, Patent Litigation, MDL No. 2834 (JPML, June 6, 2018).
`Hedrick Decl., Ex. 26.
`
`• On June 18, 2018, this Court issued an order setting a Preliminary Case Management
`Conference and stating therein that all prior pleading or discovery dates by the
`transferor courts were vacated, thereby vacating the order of service issued by the
`Eastern District of Texas court (Dkt 19).
`
`• To date, PersonalWeb has not yet received the Certificate of Service from the Canadian
`Central Authority.
`
`
`
`
`
`• PersonalWeb is filing concurrently with this motion a request to reissue the summons
`to reflect the operative Second Amended Complaint. Hedrick Decl., Ex. 27.
`
`As is reflected above, PersonalWeb has not been dilatory, but rather has undertaken
`
`extensive effort to serve the three foreign defendants, Lesson Nine, Yotpo and My Wedding
`
`Match. PersonalWeb’s inability to serve Defendants to date stems from Defendants’ foreign
`
`status, and PersonalWeb’s efforts to serve Defendant domestically or via a Waiver of Service to
`
`avoid unnecessary and costly expenses in serving these Defendants via the Hague Convention.
`
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`NOTICE OF MOTION AND MOTION
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 11 of 12
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`Further, as the proceedings are in the very early stages of the litigation, none of the defendants
`
`will be prejudiced by the additional time needed to effectuate service.
`
`PersonalWeb therefore respectfully requests that it be given an additional 90 days from
`
`October 4, 2018, the date it filed its respective Second Amended Complaint against Lesson Nine,
`
`Yotpo and My Wedding Match, to serve each of these Defendants.
`
`PersonalWeb further respectfully requests that it may seek leave from the Court for additional
`
`time to serve the foreign defendants if service in accordance with the Hague Convention is not yet
`
`completed by the respective foreign authorities by January 2, 2019, 90-days from October 4, 2018.
`
`Respectfully submitted,
`
`Dated: October 11, 2018
`
`STUBBS, ALDERTON & MARKILES, LLP
`
`Dated: October 11, 2018
`
`
`
`By: /s/ Viviana Boero Hedrick
`Viviana Boero Hedrick
`Michael A. Sherman
`Jeffrey F. Gersh
`Sandeep Seth
`Wesley W. Monroe
`Stanley H. Thompson, Jr.
`Attorneys for Plaintiffs
`
`
`MACEIKO IP
`
`
`
`By: /s/ Theodore S. Maceiko
`Theodore S. Maceiko (SBN 150211)
`ted@maceikoip.com
`MACEIKO IP
`420 2nd Street
`Manhattan Beach, California 90266
`Telephone:
`(310) 545-3311
`Facsimile:
`(310) 545-3344
`Attorneys for Plaintiff
`PERSONALWEB TECHNOLOGIES, LLC,
`
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`Case 5:18-md-02834-BLF Document 260 Filed 10/11/18 Page 12 of 12
`
`Dated: October 11, 2018
`
`DAVID D. WIER
`
`
`
`By: /s/ David D. Wier
`David D. Wier
`david.wier@level3.com
`Vice President and Assistant General Counsel
`Level 3 Communications, LLC
`1025 Eldorado Boulevard
`Broomfield, CO 80021
`Telephone: (720) 888-3539
`Attorneys for Plaintiff
`LEVEL 3 COMMUNICATIONS, LLC
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