Case 5:18-md-02834-BLF Document 674 Filed 05/12/21 Page 1 of 3
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`MICHAEL A. SHERMAN (SBN 94783)
`masherman@stubbsalderton.com
`JEFFREY F. GERSH (SBN 87124)
`jgersh@stubbsalderton.com
`WESLEY W. MONROE (SBN 149211)
`wmonroe@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 PERSONALWEB
`TECHNOLOGIES, LLC
`(Excluding Post Judgment Debtor
`Collection Proceedings)
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICE, INC.,
` Plaintiffs,
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`CASE NO.: 5:18-md-02834-BLF
`IN RE PERSONAL WEB TECHNOLOGIES,
`LLC, ET., AL., PATENT LITIGATION
`Case No.: 5:18-cv-00767-BLF
`Case No.: 5:18-cv-05619-BLF
`NOTICE OF MOTION AND MOTION OF
`STUBBS ALDERTON & MARKILES TO
`WITHDRAW AS COUNSEL FOR
`PERSONALWEB TECHNOLOGIES, LLC
`DECLARATION OF JEFFREY F. GERSH
`FILED IN SUPPORT; [PROPOSED]
`ORDER
`Hearing: June 17, 2021
`Time: 9:00 a.m.
`Judge:
`Hon. Beth Labson Freeman
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
` Defendants.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
`Plaintiffs,
`
`v.
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
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`MOTION TO WITHDRAW
`AS COUNSEL OF RECORD
`
`4838-3604-8523, V. 2
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
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`

`

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`Case 5:18-md-02834-BLF Document 674 Filed 05/12/21 Page 2 of 3
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`4838-3604-8523, V. 2
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`I.
`
`NOTICE OF MOTION
`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that on June 17, 2021 at 9:00 a.m., or as soon thereafter as the matter
`may be heard before the Honorable Beth Labson Freeman, Courtroom 3, 5th Floor, of the United
`States District Court for the Northern District of California, San Jose Division, 280 South First Street,
`San Jose, California 95113, Stubbs Alderton & Markiles, LLP (“SAM”), will and hereby does move
`the Court, pursuant to Civil Local Rule 11-5(a) and in compliance with California Rule of Professional
`Conduct 1.16, to withdraw as counsel for PersonalWeb Technologies, LLC (“PersonalWeb”).
`
`
`MOTION TO WITHDRAW AS COUNSEL FOR PERSONALWEB
`INTRODUCTION
`Pursuant to Civil Local Rule 11-5, SAM seeks to withdraw as counsel for PersonalWeb. SAM
`has not been retained to represent PersonalWeb in any post judgment collection proceedings and to
`SAM’s knowledge PersonalWeb has engaged other counsel for that purpose. Based on the foregoing,
`SAM respectfully requests that the Court issue an order granting withdrawal.
`LEGAL ARGUMENT
`II.
`Civil Local Rule 11-5(a) permits withdrawal of counsel by “order of Court after written notice
`has been given reasonably in advance to the client and to all other parties who have appeared in the
`case.” Pursuant to the California Rules of Professional Conduct, Rule 1.16(b)(6), an attorney may
`withdraw from representing a client if “the client knowingly and freely assents to termination of the
`representation.” Prior to the receipt of the legal authorities cited by Amazon/Twitch in their filing on
`Monday, May 10, 2021, SAM reasonably believed that the entry of judgment, conclusion of the
`disposition of the motion on attorneys’ fees, and administrative closing of this case resulted in the
`termination of SAM’s counsel of record status for PersonalWeb in the District Court.
`Here, SAM should be permitted to withdraw because PersonalWeb assents to termination of
`SAM’s representation since PersonalWeb never retained SAM to represent it in any post judgment
`collection proceedings. (Gersh Decl., ¶ 2.) SAM’s engagement as counsel for PersonalWeb has been
`(1) limited to proceedings pending in this court up through entry of judgment and proceedings relating
`
`
`
`MOTION TO WITHDRAW
`AS COUNSEL OF RECORD
`
`
`1
`
`
`
`
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`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
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`Case 5:18-md-02834-BLF Document 674 Filed 05/12/21 Page 3 of 3
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`to Amazon/Twitch’s motion for attorneys’ fees and costs, and (2) the appeals relating thereto pending
`in the United States Court of Appeals for the Federal Circuit, Case Nos. 19-1918, 20-1566, 21-1858,
`and the Petition for a Writ of Certiorari pending in the United States Supreme Court, Case No. 20-
`1394. (Gersh Decl., ¶¶ 2, 3.) PersonalWeb has engaged Ronald Richards of the Law Offices of Ronald
`Richards and Associates, APC to represent it in all post judgment collection proceedings. (Gersh Decl.,
`¶ 4, Ex. A.) Indeed, Mr. Richards sent an email communication to SAM attorneys expressly informing
`them that SAM is “not authorized to do anything post judgment” and that SAM “is only engaged for
`the appeal.” (Id., Ex. B.)
`III. CONCLUSION
`Based on the foregoing, SAM respectfully requests the Court grant this Motion and permit it
`
`to withdraw from this case.
`
`
`
`Respectfully submitted,
`
`Dated: May 12, 2021
`
`
`
`
`STUBBS, ALDERTON & MARKILES, LLP
`
`
`
`By: /s/ Michael A. Sherman
`Michael A. Sherman
`Jeffrey F. Gersh
`Wesley W. Monroe
`Viviana Boero Hedrick
`
`Attorneys for PERSONALWEB
`TECHNOLOGIES, LLC
`(Excluding Post Judgment Debtor
`Collection Proceedings)
`
`
`
`
`MOTION TO WITHDRAW
`AS COUNSEL OF RECORD
`
`
`2
`
`
`
`
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`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
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`4838-3604-8523, V. 2
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