`
`Case 5:18-md-02834-BLF Document 728-2 Filed 02/10/22 Page 1 of 3
`
`
`
`
`
`
`
`
`
`MICHAEL A. SHERMAN (SBN 94783)
`masherman@stubbsalderton.com
`JEFFREY F. GERSH (SBN 87124)
`jgersh@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
`(Excluding 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 DAVID PARKER,
`ESQ. IN SUPPORT STUBBS ALDERTON
`& MARKILES, LLP’S SECOND MOTION
`TO WITHDRAW AS COUNSEL FOR
`PERSONALWEB TECHNOLOGIES, LLC
`PURSUANT TO CALIFORNIA RULES
`OF PROFESSIONAL CONDUCT, RULE
`1.16(a)(2)
`
`
`
`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.
`
`
`
`PARKER DECL. ISO 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`

`

`
`
`Case 5:18-md-02834-BLF Document 728-2 Filed 02/10/22 Page 2 of 3
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`DECLARATION OF DAVID PARKER
`I am a member of the bar of the State of California since 1976 and am admitted to
`1.
`practice before the United States District Court in California, Hawaii, Western District of
`Michigan, Middle District of Florida and the 9th Circuit Court of Appeals. I am a founding partner
`of Parker Mills LLP, and previously a senior partner of Lewis, D’Amato, Brisbois & Bisgaard.
`The facts set forth herein are, unless otherwise stated, based upon my 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 Stubbs Alderton & Markiles, LLP’s (“SAM”) Motion to Withdraw as Counsel for
`PersonalWeb Technologies, LLC (“Motion”).
`2. My practice focuses primarily on advising and consulting attorneys on professional
`responsibility and ethics. I have been involved in hundreds of matters both for clients and attorneys
`in legal malpractice, professional responsibility, and similar cases in both state and federal courts,
`as well as representing insureds in business and professional liability litigation. I have also had
`significant experience representing attorneys in responding to disciplinary complaints and
`investigations in the California State Bar, the Los Angeles Superior Court, and the United States
`District Court for the Central District of California. I have served on multiple ethics committees
`and frequently write and lecture on conflicts of interest and other ethical issues.
`In connection with my consultation role for SAM, I reached out to Todd Gregorian of
`3.
`Fenwick & West, counsel for Amazon in the underlying matter, at least three times to (i) advise
`Mr. Gregorian on behalf of Amazon that SAM intended to file a second motion to withdraw as
`counsel for PersonalWeb in this matter because of circumstances, facts and issues that have arisen
`since SAM filed its first motion to withdraw (Dkt. 688) and to ascertain what Amazon’s position
`would be as to SAM in connection with the filing of such Motion, and (ii) to ascertain whether
`Amazon intended to seek any type of contempt or sanctions against SAM or its attorneys arising
`out of the issues relating to the Orders (Dkts. 664, 704) to compel SAM’s client PersonalWeb to
`respond to post judgment discovery requests and PersonalWeb’s failure to respond thereto.
`In connection with the foregoing, I called Mr. Gregorian twice and spoke to him, and
`4.
`most recently sent him an email yesterday, February 8, 2022, to which I have not yet received a
`reply. Mr. Gregorian told me in both conversations that Amazon had not yet made any decisions
`with respect to contempt or other sanctions, and if such actions are to be taken, whether they would
`
`
`1
`PARKER DECL. ISO 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
`
`
`
`
`
`

`

`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`Case 5:18-md-02834-BLF Document 728-2 Filed 02/10/22 Page 3 of 3
`
`also target SAM. I also told Mr. Gregorian in the last call that I would follow-up with him for
`further information shortly prior to SAM filing the instant Motion. Hence my email yesterday.
`
`I declare under the penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct.
`
`
`
`Executed this __day of February, 2022 at _____, California.
`
`
`
`
`By:
`
`David Parker
`
`
`
`
`
`PARKER DECL. ISO MOTION TO WITHDRAW
`AS COUNSEL FOR PERSONALWEB
`
`
`2
`
`
`
`
`
`CASE NO: 5:18-md-02834-BLF
`CASE NO: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
`
`9th
`
`Los Angeles
`
`