Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 1 of 8
`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 1of8
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`EXHIBIT 13
`EXHIBIT 13
`
`

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`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 2 of 8
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`From:
`To:
`Cc:
`Subject:
`
`Date:
`
`Todd Gregorian
`Michael Bubman
`Christopher Lavin; Alan Mirman
`RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No. 21VECV00575, Super. Ct., Cnty.
`of L.A.)
`Wednesday, February 16, 2022 9:54:01 AM
`
`Michael,
`
`Could you confirm whether any of the plaintiffs in the Superior Court action, including their
`principals or their counsel, have provided input and direction to counsel on individual briefs or any
`other matters in PersonalWeb’s litigations?
`
`Thank you,
`-t
`
`From: Todd Gregorian
`Sent: Monday, February 14, 2022 11:46 AM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No.
`21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Michael,
`
`Thank you for taking my call. I am writing to confirm the details:
`
`
`1. The receiver has prepared some financial reports concerning the PersonalWeb estate, but not
`on a monthly basis. It is the receiver’s position that Amazon is not entitled to copies of those
`reports, even considering Amazon’s status as a judgment creditor of PersonalWeb.
`
`2. The receiver is not aware of any assets in the PersonalWeb estate other than its litigation
`claims.
`
`3. The receiver has provided “big picture” direction to PersonalWeb’s attorneys considering the
`management of its pending litigation claims, but other parties including PersonalWeb’s
`principal(s) have continued to provide input and direction on, for example, individual briefs.
`The receiver has not had any input or provided any direction to PersonalWeb or its attorneys
`concerning discovery matters, and in particular has not directed PersonalWeb’s compliance
`with the federal court orders directing it to turn over documents and to answer interrogatories.
`
`
`
`Stubbs Alderton is seeking to withdraw from the representation of PersonalWeb, both at the Federal
`Circuit and in the district court, because of the ethical conflict PersonalWeb’s refusal to comply
`with court orders has allegedly caused the Stubbs Alderton attorneys. Given that the Superior Court
`directed the receiver to manage these cases as part of the Collateral, Amazon’s position is that the
`receiver should immediately appear through counsel or otherwise make clear to both the federal
`district court that he is belatedly assuming control of these matters and directing PersonalWeb’s
`compliance going forward. Let us know your position.
`
`
`

`

`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 3 of 8
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`Best,
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to practice in
`California.
`
`
`
`From: Todd Gregorian
`Sent: Monday, February 14, 2022 11:27 AM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No.
`21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Michael,
`
` am just following up as I have not heard from you regarding our below requests. I will try your
`office now.
`
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to practice in
`California.
`
`
`
`From: Todd Gregorian
`Sent: Wednesday, February 9, 2022 7:15 PM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Subject: Re: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No.
`21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Friday works. Thank you.
`
`
` I
`
`On Feb 9, 2022, at 7:01 PM, Michael Bubman <mbubman@mbn.law> wrote:
`
`** EXTERNAL EMAIL **
`
`Todd:
`
` I
`
` have had no time today and expect the same for tomorrow. I will likely be able to
`speak on Friday. I will know better tomorrow and will let you know.
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 4 of 8
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`Best regards,
`
`Michael
`
`SuiteAmerica
`
`Mirman, Bubman & Nahmias, LLP
`21860 Burbank Blvd., Suite 360
`Woodland Hills, California 91367-7406
`Tel. No.: (818) 451 – 4600
`Fax No.: (818) 451 – 4620
`www.mbn.law
`mbubman@mbn.law
`
`Please take note that my email address has changed
`
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Wednesday, February 9, 2022 4:56 AM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC
`(No. 21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Michael,
`
`Please let me know your availability today or tomorrow to confer on a motion with
`respect to the two issues below.
`
`Thanks,
`-t
`
`From: Todd Gregorian
`Sent: Sunday, February 6, 2022 9:17 AM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC
`(No. 21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Michael,
`
`Could you provide us with the courtesy of a response to the two requests below on
`Monday?
`
`Thank you,
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to
`
`

`

`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 5 of 8
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`practice in California.
`
`
`
`From: Todd Gregorian
`Sent: Friday, February 4, 2022 7:13 PM
`To: Michael Bubman <mbubman@mbn.law>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>;
`Baratz, Michael <MBaratz@steptoe.com>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC
`(No. 21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Michael,
`
`Amazon’s position is that dissipating cash on hand on speculative patent litigation is
`not marshalling the PersonalWeb assets on behalf of all creditors, it is prioritizing the
`Insiders’ claims over Amazon’s interests, and doing so in a way that most likely cannot
`be undone. Thus the reason for the writ. If you review the rest of the brief that you
`cited in the email below, you will see that Amazon has no objection to the receiver
`pursuing those lawsuits but only after Amazon’s judgment has been secured through
`appropriate means, such as a supersedeas bond. I understand from your confirmation
`that without the writ, the receiver intends to continue dissipating cash out of the estate.
`Thank you for clarifying the receiver’s position.
`
`My colleague Mr. Lavin below requested that you provide copies of all past and future
`monthly receiver reports. These are a required duty of the receiver; there should be at
`least eight such reports prepared already; and the PersonalWeb Insiders have
`represented to the Court of Appeal that even as a non-party creditor Amazon is entitled
`to them and to object to any of the actions they reflect. You did not respond to that
`request—please do so, either by providing all such reports or the receiver’s reason for
`refusing to do so.
`
`Please also confirm immediately whether, as part of his duty to preserve the collateral
`or otherwise, the receiver is directing PersonalWeb’s counsel Stubbs Alderton and
`MoloLamken and their conduct in the federal court proceedings (and what date he first
`assumed that role if so)—or if instead he is allowing Mr. Weiss and Mr. Bermeister or
`other principals of PersonalWeb to continue to manage that part of the estate in
`violation of the Superior Court’s orders.
`
`Both you and PersonalWeb’s litigation counsel have on multiple occasions threatened
`contempt sanctions against Amazon, so let me address that issue directly. Amazon has
`the utmost respect for the authority of the Superior Court. But your and PersonalWeb’s
`threats are meritless---an attempt to misuse the Court’s authority to protect the Insiders’
`interests and prevent a legitimate creditor from having its claim to priority heard. Since
`we have received these threats over the course of five months, I suspect you are already
`well aware that Amazon has not violated the Court’s order. The only actions Amazon
`has taken thus far are to seek the writ mentioned above and to ask the federal court to
`clarify whether PersonalWeb must comply with discovery orders that first issued
`before the receivership was created and to which PersonalWeb raised no objections
`based on the receivership in later hearings concerning its violation of those orders.
`None of that violates a word of the injunction. Moreover, Amazon attempted to
`
`

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`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 6 of 8
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`intervene and submit to the Superior Court’s jurisdiction; for the time being the Court
`has refused that request and instead instructed Amazon to take other actions, such as
`filing a lien, that indicate the injunction does not apply to it.
`
`We await your production and confirmations.
`
`Thank you,
`
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to
`practice in California.
`
`
`
`From: Michael Bubman <mbubman@mbn.law>
`Sent: Friday, February 4, 2022 6:28 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Alan Mirman <amirman@mbn.law>
`Cc: Todd Gregorian <TGregorian@fenwick.com>
`Subject: RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC
`(No. 21VECV00575, Super. Ct., Cnty. of L.A.)
`
`** EXTERNAL EMAIL **
`
`Mr. Lavin:
`
`In response to your request, there are several things that I can confirm:
`
`
`I will confirm our recent telephone conversation in which I asked why you had
`never responded to my correspondence to you and Todd Gregorian dated
`September 2, 2021 regarding the impact of the State Court injunction, which you
`appear content to violate without advising the State Court of your actions;
`I will confirm that in our recent telephone conversation, you refused to respond
`to my question about whether you had made any effort to advise the State
`Court of the things you were saying to the District Court about the State Court
`Action, including your assertion that “the Receivership is fraudulent”;
`I will confirm that your request below (that the Receiver not make any
`payments out of PersonalWeb Technologies, LLC estate) is far broader than your
`request in the Motion to Stay (“To be clear, Amazon seeks a limited stay
`precluding the entry of the stipulated judgment (or any judgment), or
`disbursement of any assets to Insiders, pending Amazon’s appeal. Amazon does
`not seek a stay of other activities of by the Receiver, such as the Receiver taking
`prudent steps to marshal assets for the benefit of all creditors or requesting
`receiver’s certificates). I will simply point you to pages 4-5 of your Motion for a
`Stay filed with the State Court.
`
`
`As for your request that the Receiver not make any payments out of the PersonalWeb
`
`

`

`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 7 of 8
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`Technologies, LLC, the Receiver will respectfully decline. The Receiver will continue to
`perform the functions for which he was appointed by the Los Angeles Superior Court.
`Your continued refusal to even acknowledge the State Court will leave the Receiver no
`alternative but to seek an order from the State Court with respect to your actions
`violating the State Court’s preliminary injunction.
`
`
`Best regards,
`
`Michael
`
`SuiteAmerica
`
`Mirman, Bubman & Nahmias, LLP
`21860 Burbank Blvd., Suite 360
`Woodland Hills, California 91367-7406
`Tel. No.: (818) 451 – 4600
`Fax No.: (818) 451 – 4620
`www.mbn.law
`mbubman@mbn.law
`
`Please take note that my email address has changed
`
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Thursday, February 3, 2022 3:51 PM
`To: Alan Mirman <amirman@mbn.law>; Michael Bubman <mbubman@mbn.law>
`Cc: Todd Gregorian <TGregorian@fenwick.com>
`Subject: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No.
`21VECV00575, Super. Ct., Cnty. of L.A.)
`
`Counsel,
`
`We write on behalf of our clients Amazon.com, Inc., Amazon Web Services, Inc., and
`Twitch Interactive, Inc. (collectively, “Amazon”) in the above-captioned matter to
`request that the receiver not make any further payments out of the PersonalWeb
`Technologies, LLC estate (“PersonalWeb”) until the appellate court resolves Amazon’s
`pending motion for a stay. (Attached.) Please confirm.
`
`Furthermore, as Amazon holds a lien against PersonalWeb, pursuant to California Rule
`of Court 3.1182(a), we request copies of all past and future monthly receiver reports.
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415-875-2287 | CLavin@fenwick.com | Admitted to
`
`

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`Case 5:18-md-02834-BLF Document 742-14 Filed 04/22/22 Page 8 of 8
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`practice in California.
`
`
`