Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 1 of 7
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`Exhibit C
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`Exhibit C
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`Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 2 of 7
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` Pages 1 - 20
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`BEFORE THE HONORABLE BETH LABSON FREEMAN, JUDGE
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`IN RE PERSONALWEB TECHNOLOGIES, ) NO. 18-MD-2834-BLF
`LLC, et al., ) Related Cases:
` ) 18-cv-5619-BLF
` 18-cv-0767-BLF
`
` San Jose, California
` Thursday, May 13, 2021
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`TRANSCRIPT OF PROCEEDINGS
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`FROM THE OFFICIAL ELECTRONIC SOUND RECORDING
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`11:08 A.M. TO 11:36 A.M.
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`APPEARANCES:
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`For Plaintiffs:
` STUBBS ALDERTON MARKILES, LLP
` 15260 Ventura Boulevard
` 20th Floor
` Sherman Oaks, California 91403
` BY: MICHAEL A. SHERMAN, ESQ.
` JEFFREY GERSH, ESQ.
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`For Defendants:
` FENWICK & WEST
` Silicon Valley Center
` 801 California Street
` Mountain View, California 94041
` BY: TODD GREGORIAN, ESQ.
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`Transcribed By: BELLE BALL, CSR 8785, CRR, RDR
` Official Reporter, U.S. District Court
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`Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 3 of 7
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`CERTIFICATE OF TRANSCRIBER
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` I, BELLE BALL, CSR 8785, CRR, RDR, hereby certify that
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`the foregoing is a correct transcript, transcribed to the best
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`of my ability from the official electronic sound recording of
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`the proceedings taken on the date and time previously stated in
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`the above matter.
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` I further certify that I am neither counsel for,
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`related to, nor employed by any of the parties to the action in
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`which this hearing was taken; and, further, that I am not
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`financially nor otherwise interested in the outcome of the
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`action.
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` /s/ Belle Ball
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`Belle Ball, CSR 8785, CRR, RDR
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`Wednesday, May 19, 2021
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`Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 4 of 7
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`THE COURT: Okay. And Mr. Gersh, you'll be having
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`that limited representation on this -- these post-judgment
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`collection issues, is that correct?
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`MR. GERSH: Yes, Your Honor. And that applies to
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`everybody in our firm, and everybody that was on the case.
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`THE COURT: Okay. Good. And welcome to the case.
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`All right.
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`So, Mr. Gregorian, I signed your ex parte orders for
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`notice of examination of judgment debtor, and the discovery.
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`At the time that I signed it, I had no idea where PersonalWeb
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`made its home. I guess I could have looked at the complaint to
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`see that. I didn't.
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`I now recognize that PersonalWeb is located in Texas. And
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`under Code of Civil Procedure Section 708.160, I don't actually
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`have the authority to order an examination because they're
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`located more than 150 miles from my courthouse.
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`And so I -- I was glad we were having this case-management
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`conference, because there's nothing I can do. That goes beyond
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`my authority. And you will need to get a -- to enter the
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`judgment, and get the Superior Court -- I guess it could be the
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`Federal Court -- in the county in which the person resides or
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`has a place of business as the proper court for the
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`examination.
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`So I -- Mr. Gersh might have taken the view that it was
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`improperly served, and so they were going to just all keep
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`THE COURT: Okay.
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`MR. GREGORIAN: The statutes that I cited to you
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`earlier make clear that that written discovery served under
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`those sections may be enforced to the extent practical, in the
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`same manner as discovery in a civil act.
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`THE COURT: And that makes sense. Okay. Good. And
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`I don't know whether you -- I don't -- yes. So you should
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`communicate with Mr. Richards as soon as I vacate that portion
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`of my order, that the -- that I have done that. I don't -- I
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`presume he's checking the docket, but he hasn't made an
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`appearance. So --
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`MR. GREGORIAN: So Your Honor, if I might just
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`address that. And maybe it's something that we pick up at the
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`time that Your Honor hears the motion to withdraw. But the
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`concern that motivated this conference was that the Stubbs
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`Alderton firm purports not to represent PersonalWeb --
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`THE COURT: Yeah.
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`MR. GREGORIAN: -- with respect to these matters,
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`even though they're counsel of record. And Mr. Richards, for
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`whatever reason -- you know, weeks have elapsed and he has not
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`filed an appearance. So our concern is that there's no one
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`purporting to represent the company.
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`THE COURT: Well, and that's fine. You know, a
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`party -- a debtor doesn't have to have a lawyer. They could
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`be representing themselves. I mean, they can't appear in
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`Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 6 of 7
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`THE COURT: Yes.
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`MR. GERSH: Okay. With respect to the service issue,
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`whether or not post-judgment discovery is properly served upon
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`counsel of record, you're not making a ruling on that today.
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`THE COURT: I'm not.
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`MR. GERSH: Okay. All right.
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`THE COURT: I jump in on the debtor's exam. Because
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`it's so clear to me.
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`MR. GERSH: Correct.
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`THE COURT: That I can't -- I would never have
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`ordered it in the first instance, had I known where
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`PersonalWeb was located. And so, you know, it's easy to fix,
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`frankly, because the debtor's exam was set at the end of the
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`month. So no harm, no foul.
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`And if PersonalWeb, through whatever lawyer it chooses to
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`engage, feels that the discovery request is improper, it's
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`better for us to have that on, on a motion to quash, or to -- I
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`don't know, whatever the motion might be called. And so, yes,
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`I'm waiting on that.
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`And, you know, if PersonalWeb wants your firm clearly out
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`of the way on this issue, then it will appear and file a
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`substitution signed by PersonalWeb, and signed by you. There's
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`a really streamlined way to do it. You all know. Who hasn't
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`been the new lawyer or the old lawyer at some point in your
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`career? This can -- you can do it this afternoon, if they
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`Case 5:18-md-02834-BLF Document 688-4 Filed 05/25/21 Page 7 of 7
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`MR. GERSH: Yeah, I do understand that. I just -- my
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`question was, as I posed, I just wanted to make sure that if
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`we get that filed and that we're -- we're not going to get
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`rejected because it's -- it's an entity trying to withdraw,
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`without counsel.
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`And since Your Honor has indicated that the -- that they
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`don't need counsel, and the --
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`THE COURT: So let me just -- let me back up on that.
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`Because I want to give Mr. Gregorian the opportunity to tell
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`me that I shouldn't do that. And that's going to be the --
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`you know, that will be his basis, among other things. And I
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`want to hear from him, first. That's why -- you know, it's
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`unusual for me to deny a request to withdraw.
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`But I do have to hear from Amazon and Twitch on this, to
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`be sure that there aren't grounds to keep you in. I -- I can't
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`prejudge that.
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`MR. GERSH: Thank you, Your Honor.
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`THE COURT: So, and you know, there may be,
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`Mr. Gregorian. I mean, you can't even find PersonalWeb at
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`this point. So that's a problem.
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`MR. GREGORIAN: Right. And we do intend to oppose.
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`I think the simplest resolution is for Mr. Richards to
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`substitute in, since he's already been retained.
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`THE COURT: Maybe that conversation will take place.
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`MR. GREGORIAN: I did have one question. And that is
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