`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 1 of 6
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`EXHIBIT 5
`EXHIBIT 5
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`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 2 of 6
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`Michael Gerard Fletcher (State Bar No. 070849)
` mfletcher@frandzel.com
`Craig A. Welin (State Bar No. 138418)
` cwelin@frandzel.com
`Bruce David Poltrock (State Bar No. 162448)
` bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
`Attorneys for Plaintiffs, BRILLIANT DIGITAL
`ENTERTAINMENT, INC.; EUROPLAY
`CAPITAL ADVISORS, LLC; CLARIA
`INNOVATIONS, LLC; and MONTO
`HOLDINGS PTY LTD
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`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF LOS ANGELES - NORTHWEST DISTRICT (VAN NUYS)
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`BRILLIANT DIGITAL ENTERTAINMENT,
`INC., a Delaware corporation; EUROPLAY
`CAPITAL ADVISORS, LLC, a Delaware
`limited liability company; CLARIA
`INNOVATIONS, LLC, a Delaware limited
`liability company; and MONTO HOLDINGS
`PTY LTD, an Australian company,
`Plaintiffs,
`
` v.
`PERSONALWEB TECHNOLOGIES, LLC,
`a Texas limited liability company; and DOES
`1 through 100, Inclusive,
`Defendants.
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`
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` CASE No. 21VECV00575
`[Case assigned for all purposes to the Hon.
`Judge Bernie C. LaForteza, Department U]
`[PROPOSED] ORDER FOR ENTRY OF
`[PROPOSED]
`PRELIMINARY INJUNCTION IN AID OF
`THE RECEIVER
`OSC Date: June 1, 2021
`Time: 8:30 a.m.
`Place: Department U
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`4226383v2 | 101334-0002
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`[PROPOSED] ORDER FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER
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`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 3 of 6
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`ORDER
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`On May 10, 2021, the Court issued its Order Appointing Receiver (“Order Appointing
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`Receiver”) whereby Robb Evans & Associates LLC was appointed as receiver (the “Receiver”)
`over Defendant PersonalWeb Technologies, LLC, a Texas limited liability company, in this action
`(sometimes referred to hereinafter as “PersonalWeb” and/or "Defendant"), on the terms separately
`stated in that order.
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`The Court also issued its separate Order for Temporary Restraining Order in Aid
`Receiver, and Order To Show Cause Re Preliminary Injunction, returnable on June 1, 2021.
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`The Court, having considered the pleadings on file in this action; Plaintiff’s Ex Parte
`Application For Appointment Of Receiver; the Declarations submitted therewith, the
`Memorandum of Points and Authorities in support of the Application; no opposition having been
`filed and having heard the argument of counsel, finds that good cause exists for the confirmation
`of the Receiver’s appointment, for the conversion of the temporary restraining order into a
`preliminary injunction and for discharge and taking off-calendar the order to show cause hearing
`set for June 1, 2021 ("OSC"), pursuant to the Stipulation of all Parties, submitted concurrently
`herewith.
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`The Court further finds that Plaintiff has filed the bonds as previously ordered by this
`Court; the Court further finds that the Receiver has filed his Receiver’s bond and oath as
`previously ordered by this Court; therefore:
`NOW, THEREFOR, the Court orders as follows:
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` PRELIMINARY INJUNCTION IN AID OF RECEIVER
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`IT IS HEREBY ORDERED Defendant PersonalWeb, and its respective officers,
`directors, agents, servants, and employees, and all persons or entities acting under, or in concert
`with them, or for them, are ordered to do the following and are restrained and enjoined from
`engaging in, or performing, directly or indirectly, any or all of the following acts:
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`(a)
`Interfering, hindering, or molesting in any way whatsoever the Receiver in
`the performance of the Receiver’s duties herein described and in the performance of any duties
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`[PROPOSED] ORDER FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER [PROPOSED]
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`FRANDZELROBINSBLOOM&CSATO,L.C.
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`LOSANGELES,CALIFORNIA90017(cid:649)2427
`1000WILSHIREBOULEVARD,19THFLOOR
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`(323)852(cid:649)1000
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`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 4 of 6
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`incident thereto;
`Failing or refusing to immediately turn over to the Receiver all premises
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`(b)
`from which Defendant conduct business;
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`(c)
`Transferring, directly or indirectly, any interest by sale, pledge, grant of
`security interest, assignment, invoice or encumbering in any manner Defendant’s Collateral,
`including without limitation Defendant's inventory, accounts receivable, general intangibles,
`payment intangibles, and/or equipment, and all proceeds and products thereof; additionally,
`Defendant shall not (i) reclassify, re-characterize, or transmute any Collateral during the pendency
`of this temporary restraining order, including, but not limited to, Collateral such as notes
`receivable, accounts, general intangibles, security interests, liens, encumbrances, or otherwise; or,
`(ii) release any asset(s), including without limitation any security interests, UCC-1's, or other
`evidence of the grant and/or perfection of any security interests; or (iii) release any tangible or
`intangible property, claims, or rights; or (iv) pay over or expend any funds, monies, or proceeds
`related to the Collateral, which shall all be segregated in a separate account and sequestered, prior
`to turnover to the Receiver;
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`(d) Moving the physical location of the inventory and/or equipment of
`Defendant from any location where it is conducting business, and all proceeds and products
`thereof, from the Business Premises or from anywhere else;
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`(e)
`Transferring, concealing, destroying, defacing, or altering any of
`Defendant’s books and records;
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`(f)
`Diverting in any way any of the proceeds from Plaintiffs’ Collateral,
`including without limitations accounts, accounts receivable, general intangibles, payment
`intangibles, equipment, and/or inventory;
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`(g)
`Causing any mail or payments by Defendant’s account debtors to be
`forwarded to any address, and any other existing post office box or address in the name of
`Defendant, or otherwise interfering with or intercepting any mail intended for Defendant;
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`(h)
`Failing or refusing to immediately turn over to the Receiver Plaintiffs’
`Collateral and all monies, checks, funds, or proceeds relating to Plaintiffs’ Collateral, and failing
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`FRANDZELROBINSBLOOM&CSATO,L.C.
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`LOSANGELES,CALIFORNIA90017(cid:649)2427
`1000WILSHIREBOULEVARD,19THFLOOR
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`(323)852(cid:649)1000
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`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 5 of 6
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`to make available to the Receiver all books and records of Defendant relating to the Collateral; and
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`(i)
`Failing to allow the Receiver, Plaintiffs, and their officers, employees, and
`agents, to have immediate access to all the Business Premises of Defendant and the books and
`records of the foregoing to enable Plaintiffs and the Receiver to review and inspect the Collateral
`for the purposes of accounting and appraisal.
`IT IS FURTHER ORDERED that except by leave of this Court, during the pendency of
`the receivership ordered herein, Defendant PersonalWeb, and all of its customers, principals,
`investors, collectors, stockholders, lessors, other creditors, judgment holders, and other persons
`seeking to establish or enforce any claim, debt, right, lien, or interest against Defendant
`PersonalWeb, or any of its subsidiaries or affiliates, and all others acting for or on behalf of such
`persons, attorneys, trustees, agents, sheriffs, constables, marshals, and any other officers and their
`deputies, and their respective attorneys, servants, agents, and employees, be and are hereby stayed
`from:
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`Commencing, prosecuting, continuing, or enforcing any suit, judgment,
`(a)
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`lien, levy, or proceeding against Defendant PersonalWeb, or any of its subsidiaries or affiliates,
`except such actions may be filed to toll any applicable statute of limitations;
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`(b)
`Commencing, prosecuting, continuing, or entering into any suit or
`proceeding in the name or on behalf of Defendant PersonalWeb, or any of their subsidiaries or
`affiliates, except for any pending enforcement actions by Defendant PersonalWeb concerning it
`intellectual property claims;
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`(c)
`Accelerating the due date of any obligation or claimed obligation, enforcing
`any lien upon, or taking or attempting to take possession of, or retaining possession of, any
`property of Defendant PersonalWeb, or any of its subsidiaries or affiliates, or any property
`claimed by any of them or attempting to foreclose, forfeit, alter, or terminate any of Defendant
`PersonalWeb or any of its subsidiaries' or affiliates’ interests in property, including, without
`limitation, the establishment, granting, or perfection of any security interest or lien, whether such
`acts are part of a judicial proceeding, enforcement of a judgment or order, or otherwise;
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`(d)
`Using self-help or executing or issuing, or causing the execution or issuance
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`FRANDZELROBINSBLOOM&CSATO,L.C.
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`LOSANGELES,CALIFORNIA90017(cid:649)2427
`1000WILSHIREBOULEVARD,19THFLOOR
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`(323)852(cid:649)1000
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`Case 5:18-md-02834-BLF Document 717-6 Filed 01/07/22 Page 6 of 6
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`of any court attachment, subpoena, replevin, execution, levy, writ, or other process for the purpose
`of impounding or taking possession of or interfering with, or creating or enforcing a lien upon, any
`property, wheresoever located, owned by, claimed by, or in the possession of Defendant
`PersonalWeb, or any of its subsidiaries or affiliates, or the Receiver appointed pursuant to this
`Order or any agent appointed by said Receiver; and
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`(e)
`Doing any act or thing whatsoever to interfere with the Receiver taking
`control or possession of, or managing the property subject to this receivership; or in any way to
`interfere with the Receiver; or to harass or interfere with the duties of the Receiver; or to interfere
`in any manner with the exclusive jurisdiction of this Court over the property and assets of
`Defendant PersonalWeb, or its subsidiaries or affiliates. Provided, however, nothing in this
`paragraph shall prohibit any federal or state law enforcement or regulatory authority from
`commencing or prosecuting an action against Defendant PersonalWeb, or its subsidiaries or
`affiliates.
`IT IS HEREBY ORDERED that the OSC is discharged and the hearing thereon is taken
`off-calendar. A confirmation hearing regarding the appointment of Robb Evans & Associates
`LLC as Receiver was previously waived, and such appointment is hereby confirmed over
`PersonalWeb in this action, such that the Receiver shall continue on with his duties as the
`Receiver as otherwise set forth in the previously entered Order Appointing Receiver.
`IT IS FURTHER ORDERED that Plaintiffs, if they have not already done so, shall post a
`preliminary injunction bond of $1,500.00.
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`DATED: May __, 2021 May 2021
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`JUDGE OF THE SUPERIOR COURT
`JUDGE OFF THT E SUPERIOR CO
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`FRANDZELROBINSBLOOM&CSATO,L.C.
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`LOSANGELES,CALIFORNIA90017(cid:649)2427
`1000WILSHIREBOULEVARD,19THFLOOR
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`(323)852(cid:649)1000
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