Case 5:18-md-02834-BLF Document 688-7 Filed 05/25/21 Page 1 of 4
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`Exhibit E
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`Case 5:18-md-02834-BLF Document 688-7 Filed 05/25/21 Page 2 of 4
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`From:
`To:
`Cc:
`Subject:
`Date:
`
`Todd Gregorian
`Michael Sherman
`Jeffrey Gersh; Viviana Boero Hedrick; Ronald Richards Esq. (ron@ronaldrichards.com)
`Re: PWeb v. Amazon
`Friday, May 21, 2021 3:27:40 PM
`
`[EXTERNAL EMAIL] This email is from an external sender, and not from Stubbs Alderton & Markiles.
`Do not click on links or attachments unless you are sure of the sender.
`________________________________
`
`Michael,
`
`In addition to the authorities cited by the Court, we will rely on more recent 9th circuit authority standing for the
`same proposition, as well as the cases refusing to allow attorneys to withdraw when that would delay or impair
`judgment enforcement. We have also not found authorities supporting your position. If you have any please
`provide them.
`
`We would like to confer on a discovery motion regarding PersonalWeb’s failure to respond to our discovery. Please
`let me know if you will do so, or if we should report your refusal to do so to the Magistrate Judge in our submission.
`
`Finally, as a heads up, we will also be moving to compel compliance with the Court’s order to provide bank
`information. We are requesting leave to seek sanctions against PersonalWeb and Stubbs Alderton in connection
`with this motion. That PersonalWeb must respond to the motion is an additional reason that the Court should refuse
`withdrawal without substitute counsel, and should in any event retain jurisdiction over Stubbs Alderton.
`
`Thank you,
`-t
`
`On May 19, 2021, at 8:52 PM, Michael Sherman <masherman@stubbsalderton.com> wrote:
`
`*
`
`* EXTERNAL EMAIL **
`
`Todd – so no one is wasting the Court’s time on this, what possibly could be the basis on which you will be
`opposing a motion to withdraw when the client has told you through his new attorney he has engaged other counsel
`and we have no authority to act? Please send me whatever authority you have to support your position.
`Thanks
`Michael
`
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Wednesday, May 19, 2021 6:45 PM
`To: Michael Sherman <masherman@stubbsalderton.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; Viviana Boero Hedrick <vhedrick@stubbsalderton.com>
`Subject: RE: PWeb v. Amazon
`
`[EXTERNAL EMAIL] This email is from an external sender, and not from Stubbs Alderton & Markiles.
`Do not click on links or attachments unless you are sure of the sender.
`________________________________
`Michael,
`
`We intend to oppose the motion to withdraw and decline your request. As you know, your client can easily put a
`stop to all post-judgment activity by posting a supersedeas bond.
`
`Todd Gregorian
`Fenwick | Partner | 415-875-2402 | tgregorian@fenwick.com<mailto:tgregorian@fenwick.com>
`
`

`

`Case 5:18-md-02834-BLF Document 688-7 Filed 05/25/21 Page 3 of 4
`
`From: Michael Sherman <masherman@stubbsalderton.com>
`Sent: Wednesday, May 19, 2021 8:43 PM
`To: Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; Viviana Boero Hedrick <vhedrick@stubbsalderton.com>
`Subject: PWeb v. Amazon
`
`** EXTERNAL EMAIL **
`Dear Todd:
`
`I had called you earlier today and left my mobile vm number, both on my vm message to you and in my follow up e-
`mail. This is what I had planned on sharing with you:
`
`The Court’s statements at last week’s CMC lead our office to conclude that PersonalWeb may not need counsel to
`represent it in post-judgment collection matters and could represent itself. That resulted in our filings of last week
`and this week, ie., to substitute PersonalWeb for our law offices.
`
`In today’s Court order the Court denied any motion to substitute counsel. We do not read anything into today’s
`Court order as prohibiting our firm’s withdrawal, in contrast to substitution. Accordingly, we will be filing a motion
`to withdraw, and I anticipate that motion being filed tomorrow or Friday morning, at the latest.
`
`Because, as between our law firm and PersonalWeb, our law firm has been told it lacks authority to engage in any
`post-judgment collection activities on behalf of PersonalWeb – a directive you are aware of – our law office is not in
`a position to provide any interrogatory responses or responses to document requests, directed to post-judgment
`collection issues. Given our client’s retention of other counsel to deal with these matters, Stubbs Alderton &
`Markiles, LLP is not in a position to provide discovery responses; we have no direction from our client on the issue
`and lack authority as a practical matter.
`
`Given the Court’s sua sponte order of earlier today, it does not seem as though Judge Freeman is going to permit
`moss to grow on these issues. In light of all that has transpired and that will be transpiring, as a matter of
`professional courtesy I ask that you hold in temporary abeyance the issues of responses to written discovery. Thank
`you for your consideration.
`
`Michael
`
`, (2) “substitution” of counsel to PersonalWeb would not be permitted, and (3) the Court has not decided in its order
`of earlier today that our law firm would be prohibited from withdrawing as counsel for PersonalWeb at the trial
`court level.
`
`

`

`Case 5:18-md-02834-BLF Document 688-7 Filed 05/25/21 Page 4 of 4
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`<~WRD1199.jpg>
`Michael A. Sherman
`Partner
`masherman@stubbsalderton.com<mailto:masherman@stubbsalderton.com>
`Stubbs Alderton & Markiles, LLP
`15260 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
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