Case 5:18-md-02834-BLF Document 720 Filed 01/13/22 Page 1 of 4
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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
`STUBBS ALDERTON MARKILES, LLP
`15260 Ventura Boulevard, 20TH Floor
`Sherman Oaks, CA 91403
`Telephone:
`(818) 444-4500
`Facsimile:
`(818) 444-4520
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`Attorneys for PERSONALWEB
`TECHNOLOGIES, LLC
`
`J. DAVID HADDEN (CSB No. 176148)
`dhadden@fenwick.com
`SAINA S. SHAMILOV (CSB No. 215636)
`sshamilov@fenwick.com
`MELANIE L. MAYER (admitted pro hac vice)
`mmayer@fenwick.com
`TODD R. GREGORIAN (CSB No. 236096)
`tgregorian@fenwick.com
`RAVI R. RANGANATH (CSB No. 272981)
`rranganath@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Telephone:
`650.988.8500
`Facsimile:
`650.938.5200
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`Attorneys for AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
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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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`JOINT CASE MANAGEMENT
`CONFERENCE STATEMENT
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`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
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`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs
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`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants,
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`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
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`Plaintiffs,
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`v.
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`TWITCH INTERACTIVE, INC.,
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`Defendant.
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`JOINT CMC STATEMENT
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`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 720 Filed 01/13/22 Page 2 of 4
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`1
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`Plaintiff PersonalWeb Technologies, LLC (“PersonalWeb”) and defendants Amazon.com,
`Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. (collectively, “Amazon”) jointly
`submit this case management conference statement pursuant to Judge Freeman’s Standing Order re
`Civil Cases, the Standing Order for All Judges of the Northern District of California – Contents of
`Joint Case Management Statement, and Civil Local Rules 16-9 and 16-10.
`AMAZON’S STATEMENT
`I.
`Amazon previously submitted a statement of its positions in its request for a case
`management conference. (Dkt. 717 (18-md-2834).) Amazon’s position remains the same and there
`has been no meaningful change in the parties’ respective positions. PersonalWeb has made no
`additional document production since August 6, 2021 and has refused to supplement or amend its
`interrogatory responses to comply with the Court’s past orders.
`PERSONALWEB’S STATEMENT
`II.
`PersonalWeb, SAM and Mr. Gersh intend to submit a statement in response to Dkt 717, but
`unfortunately Mr. Gersh, who is the primary draftsperson of this submission, is quite with ill with
`COVID and is unable to go through each and every argument on such short notice, though either
`he or others at Stubbs Alderton & Markiles, LLP (“SAM”) may supplement his submission early
`next week.
`As this court is aware, SAM is caught in the middle given that it has been discharged by
`PersonalWeb on all post judgment matters other than the appeals, has sought to withdraw from
`these proceedings which was opposed by Amazon and its counsel and ultimately denied by this
`court. The request for a CMC, Dkt 717, reads more like a personal attack on SAM and Mr. Gersh
`and muddies the facts. The Receivership action was not filed by SAM and neither SAM nor Mr.
`Gersh are involved or represent anyone in those proceedings. In fact, neither SAM nor Mr. Gersh
`are on the service list in those proceedings so there is little that is known about the status of same
`absent reading the state court documents.
`Amazon and its counsel complain about the nature of the receivership proceedings in the
`state court action (see exhibits to Mr. Gregorian’s declaration), yet Amazon and its counsel have
`known about those proceedings for approximately 6 months. Although Mr. Gersh sent an email
`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
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`JOINT CMC STATEMENT
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`Case 5:18-md-02834-BLF Document 720 Filed 01/13/22 Page 3 of 4
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`to Amazon’s counsel about the stay and his understanding of the impact on the discovery and
`collection efforts of Amazon, it is clear from Mr. Gregorian’s declaration that Amazon and its
`counsel knew about the receivership action well before Mr. Gersh’s email given that Amazon and
`its counsel actively participated in the state court action at least as early as August 2021 and filed
`a number of motions including attempting to intervene in that action which was denied without any
`opposition having been filed. Neither SAM nor Mr. Gersh appear on the service list for Amazon’s
`intervention efforts and represented no one in connection with those intervention proceedings.
`The conundrum is that this court issued an order regarding discovery; SAM and Mr. Gersh
`have complied with their ethical obligations as the court was told they would; as set forth in the
`recent filing by Amazon the California state court has issued an injunction against anyone
`“…prosecuting, commencing or enforcing any suit, judgment, levy lien or proceeding against
`Defendant PersonalWeb…” (Dkt 717 page 5)
`The effect of the California state court receivership action is not a matter over which SAM
`expresses an opinion. SAM has been advised that PersonalWeb is being managed by a receiver,
`Amazon lost its attempt to intervene in the state case, there is an injunction against Amazon from
`pursuing any further collection, Amazon appealed the order denying their motion to intervene.
`SAM represents no one in the state court receivership action. Amazon expresses frustration that its
`actions in the state court proceedings have not been successful. But that does not mean that SAM
`and/or Mr. Gersh, or PersonalWeb, has done anything improper or not in conformity with
`applicable order in the state court action.
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`JOINT CMC STATEMENT
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`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 720 Filed 01/13/22 Page 4 of 4
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`Dated: January 13, 2022
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`Respectfully submitted,
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`FENWICK & WEST LLP
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`By: /s/ Todd R. Gregorian
`TODD R. GREGORIAN (CSB No. 236096)
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`Attorneys for AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., and
`TWITCH INTERACTIVE, INC.
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`STUBBS ALDERTON & MARKILES LLP
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`By: /s/ Jeffrey F. Gersh
`JEFFREY F. GERSH (CSB No. 87124)
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`Attorneys for PERSONALWEB
`TECHNOLOGIES, LLC
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`Dated: January 13, 2022
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`CERTIFICATION OF CONCURRENCE IN FILING
`I, Todd R. Gregorian, am the ECF user whose identification and password are being used
`to file this Joint Case Management Conference Statement. In compliance with N.D. Cal. Civil L.R.
`5-1(h)(3), I hereby attest that Jeffrey F. Gersh has concurred in this filing.
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`Dated: January 13, 2022
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`By: /s/ Todd R. Gregorian
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` TODD R. GREGORIAN
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`JOINT CMC STATEMENT
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`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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