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`Case 5:18-md-02834-BLF Document 693-1 Filed 06/15/21 Page 1 of 3
`
`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
`(Prior to Post Judgment Debtor
`Collection Proceedings)
`
`
`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
`DECLARATION OF JEFFREY F. GERSH
`IN SUPPORT OF REPLY TO MOTION
`OF STUBBS ALDERTON & MARKILES
`AND THEODORE (“TED”) MACEIKO
`TO WITHDRAW AS COUNSEL FOR
`PERSONALWEB TECHNOLOGIES, LLC
`
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICE, INC.,
`
` Plaintiffs,
`v.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
` Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
`
`
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`DECL. OF J. GERSH IN SUPPORT OF REPLY TO MOTION
`TO WITHDRAW AS COUNSEL FOR PERSONALWEB
`
`
`
`
`
`
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
`
`
`
`
`
`
`
`

`

`
`
`Case 5:18-md-02834-BLF Document 693-1 Filed 06/15/21 Page 2 of 3
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`
`I am a member of the bar of the State of California and am admitted to practice
`1.
`before the United States District Court for the Northern District of California. I am a partner at
`Stubbs Alderton & Markiles, LLP (“SAM”). The facts herein are, unless otherwise stated, based
`upon personal knowledge, and if called upon to do so, I could, and would testify to their truth
`under oath. I submit this declaration in support of SAM’s Reply in support of its Motion to
`Withdraw as Counsel for PersonalWeb Technologies, LLC (the “Motion”).
`In its opposition to the Motion, and in Mr. Gregorian’s declaration in support of
`2.
`Amazon.com, Inc., Amazon Web Services, Inc. and Twitch Interactive, Inc.’s (collectively,
`“Amazon”) opposition, Amazon asserts that SAM intentionally listed a false address on
`PersonalWeb’s motion for substitution. That is not true. SAM filed the Consent Order Granting
`Substitution of Attorney to substitute PersonalWeb in pro per and provided notice to counsel with
`an address provided by PersonalWeb at the time of filing that document, which I reconfirmed
`again to be the correct address prior to the filing of the Motion and this declaration: 5380 Old
`Bullard Rd., Suite 600-322, Tyler, TX 75703.
`3. However, it appears Amazon attempted service on PersonalWeb at the address listed
`with the Texas Secretary of State on its website (i.e. Suite 600-302) and not the address set forth
`in the Consent Order Granting Substitution of Attorney (i.e. Suite 600-322). In reviewing the
`Texas Secretary of State’s website there appears to be an error that shows the mailbox number
`for PersonalWeb to be 600-302, when it is actually 600-322. SAM did not provide inaccurate
`information to Amazon or do anything intentionally or otherwise to mislead anyone.
`4. Amazon also claims in its opposition to the Motion that SAM advocated on
`PersonalWeb’s behalf during a meet and confer call regarding Amazon’s motion to compel post-
`judgment discovery. Not true. I participated in the meet and confer call referenced by Mr.
`Gregorian with his colleague, Chieh Tung and made it clear that I was participating on behalf of
`SAM to set forth SAM’s position only and not participating on behalf of PersonalWeb with
`respect to any post judgment discovery issues.
`5. With respect to the receivership raised by Amazon in its Opposition, SAM does not
`represent any person or entity in connection the state court receivership action, Case No.
`21VECV00575.
`
`1
`DECL. OF J. GERSH IN SUPPORT OF REPLY TO MOTION
`TO WITHDRAW AS COUNSEL FOR PERSONALWEB
`
`
`
`
`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 693-1 Filed 06/15/21 Page 3 of 3
`
`SAM has forwarded all of Amazon’s discovery requests, court orders and motion
`6.
`documents to PersonalWeb and/or Mr. Richards.
`SAM has no control over Mr. Richards or when he intends to make an appearance in
`7.
`this matter.
`Executed this 15th day in June 2021, in Sherman Oaks, California.
`
`
`
`
`By: /s/ Jeffrey F. Gersh
`Jeffrey F. Gersh
`
`
`
`
`
`2
`DECL. OF J. GERSH IN SUPPORT OF REPLY TO MOTION
`TO WITHDRAW AS COUNSEL FOR PERSONALWEB
`
`
`
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
`
`
`
`