Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 1 of 6
`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 1 of 6
`
`EXHIBIT 7
`EXHIBIT 7
`
`

`

`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 2 of 6
`
`Todd Gregorian
`Bruce D. Poltrock
`Michael Fletcher; Christopher Lavin; Craig A. Welin
`Re: Meet and Confer Demand PERSONAL WEB TECHNOLOGIES, LLC ET AL., PATENT LITIGATION
`Thursday, March 3, 2022 3:38:41 PM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Bruce,
`
`All we are trying to do is set up a discovery conference and get the confirmation I requested
`below. Each time you threaten contempt proceedings baselessly, it creates pressure to keep
`the written record clear.
`
`I assume you are offering Tuesday March 8 at 10 am? (March 3 is today.). Please confirm,
`and Chris will send an invite. Please be prepared to discuss the creditors’ participation in
`PersonalWeb’s activities in federal court, if any, whether through Stubbs Alderton, the
`receiver, or otherwise.
`
`Thank you,
`-t
`
`On Mar 3, 2022, at 3:29 PM, Bruce D. Poltrock <bpoltrock@frandzel.com>
`wrote:
`
`*
`
`* EXTERNAL EMAIL **
`
`Todd: no purpose for you seeking to devolve this into a needless email spat. Suffice it
`to say, we will address your inaccurate contentions, assertions, characterizations and
`the like at the appropriate time. In the meantime, let’s get a meet and confer call
`setup so we can have a meaningful, not pretextual, conversation about the objections
`from the secured creditors. Again, this whole contemptuous process you are engaged
`in is violative of the receivership injunction, and needs to be rethought on your end.
`Let us know if we can speak Tuesday 3/3 @ 10:00 a.m.
`
`Bruce D. Poltrock
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 852-1000
`Mobile:
`(714) 287-3532
`Facsimile:
`(323) 651-2577
`E-mail:
`bpoltrock@frandzel.com
`Web:
`http://www.frandzel.com
`
` P
`
` GO GREEN: Please consider the environment before you print.
`
`This electronic message contains information which may be confidential and privileged and is intended only for the
`named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of
`this message to anyone. If you have received this message in error, please delete the message and advise the
`
`

`

`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 3 of 6
`
`sender by reply e-mail or by calling (323) 852-1000. Thank you.
`
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice
`contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (1)
`avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any
`tax-related matter(s) addressed herein.
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Thursday, March 3, 2022 11:31 AM
`To: Michael Fletcher <mfletcher@frandzel.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Bruce D. Poltrock
`<bpoltrock@frandzel.com>; Craig A. Welin <cwelin@frandzel.com>
`Subject: [EXTERNAL] RE: Meet and Confer Demand PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
`
`Michael,
`
`You say our request for a conference is unreasonable, yet in your next paragraph you
`confirm that the subpoena recipients will refuse to comply. The discovery dispute is
`thus ripe, and we intend to move promptly without delay. Please enjoy your vacation
`and we will conduct the conference with your colleagues. Bruce and Craig, please let
`us know your availability to confer today, tomorrow, or Monday on the objections. To
`facilitate the conference, please also confirm whether the Insiders or any of their
`principals have been included on communications with Stubbs Alderton concerning
`PersonalWeb’s federal court litigations.
`
`Finally, the receiver, PersonalWeb’s litigation counsel, and the Insiders, have each 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 these threats are meritless---an attempt to misuse the Court’s authority to
`protect the Insiders’ financial interests. Since we have received these threats over the
`course of more than five months, I suspect you are already well aware that Amazon has
`not violated the Superior Court’s order. The current subpoenas seek valid post-
`judgment discovery from the Insiders. They do not implicate the receivership or any
`assets of PersonalWeb; they simply require your clients to turn over records.
`
`Thank you,
`
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to
`practice in California.
`
`
`
`From: Michael Fletcher <mfletcher@frandzel.com>
`Sent: Thursday, March 3, 2022 11:16 AM
`To: Todd Gregorian <TGregorian@fenwick.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Bruce D. Poltrock
`<bpoltrock@frandzel.com>; Craig A. Welin <cwelin@frandzel.com>
`Subject: Meet and Confer Demand PERSONAL WEB TECHNOLOGIES, LLC ET AL.,
`PATENT LITIGATION
`
`
`

`

`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 4 of 6
`
`** EXTERNAL EMAIL **
`
`Todd and Chris: I have your email demanding a meet and confer, more or less
`immediately, about your “motion to compel.” I am pretty sure that the purpose of a
`meet and confer in the third party discovery context would be to have a meaningful
`discussion of the objections raised to your subpoenas to 3 of the secured creditors. You
`seem to have prejudged the outcome of that meet and confer, perhaps because you
`didn’t actually read any of the objections. I note that my office emailed the objections
`to you at 5:02 pm (Pacific time) yesterday but that you sent your demand to meet and
`confer about your “motion to compel” at 5:16 pm. That hardly bespeaks of you even
`reading the objections much less than considering them. Hopefully this isn’t all just a
`pretext by you, a meaningless “check the box” exercise where you have no real interest
`in having a real, substantive discussion.
`
`Had you taken the time to read the objections, you would have seen that the secured
`creditors consider the service of the subpoenas by you and by your clients to be a
`contempt, 3 actually, as you decided to serve 3 subpoenas, each one of which violates
`the receivership injunction. They are continuing contempts, as is this entire process.
`While contempt is a serious matter, this is hardly an emergency situation requiring a
`discussion —- hopefully a meaningful one as noted above —- in the time frame you
`have demanded.
`
` I
`
` have no time today (Thursday) to discuss any of this with you, as today is my last day
`in the “home office.” I am on vacation starting in a few hours for the next 2+ weeks. I
`return on Monday, March 21. I have been out much of the morning today and am fully
`tied up the rest of the afternoon on other matters. I am happy to block out time to
`discuss this with you at virtually any time during the week of March 21.
`
`How about 10 am on Monday, March 21, with both of you and my colleague Bruce
`Poltrock? If that works for you, we will set up a Zoom call.
`
`Or, if you insist on treating this non-emergency as a faux emergency, you can reach out
`to my colleagues Bruce Poltrock and Craig Welin (who are copied on this email ---
`please copy them on all emails in the case) to schedule a time that works for their
`schedules to start to have a meaningful, not pretextual, conversation about the
`objections from the secured creditors. There are real options here —- options that don’t
`involve contemptuous behavior by you and your clients.
`
`
`Michael Fletcher
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 852-1000
`Mobile:
`(310) 279-6003
`Facsimile:
`(323) 651-2577
`E-mail:
`mfletcher@frandzel.com
`Web:
`http://www.frandzel.com
`
` P
`
` GO GREEN: Please consider the environment before you print.
`
`This electronic message contains information which may be confidential and privileged and is intended only for the
`named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of
`
`

`

`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 5 of 6
`
`this message to anyone. If you have received this message in error, please delete the message and advise the
`sender by reply e-mail or by calling (323) 852-1000. Thank you.
`
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice
`contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (1)
`avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any
`tax-related matter(s) addressed herein.
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Wednesday, March 2, 2022 5:16 PM
`To: Michael Fletcher <mfletcher@frandzel.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: [EXTERNAL] FW: IN PERSONAL WEB TECHNOLOGIES, LLC ET AL., PATENT
`LITIGATION
`
`Michael,
`
`Please let us know your availability tomorrow or Friday to meet and confer on a motion
`to compel further responses and production.
`
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com | Admitted to
`practice in California.
`
`
`
`From: Barbara Wilson <bwilson@frandzel.com>
`Sent: Wednesday, March 2, 2022 5:02 PM
`To: David Hadden <DHadden@fenwick.com>; Saina Shamilov
`<sshamilov@fenwick.com>; Melanie Mayer <mmayer@fenwick.com>; Todd Gregorian
`<TGregorian@fenwick.com>; Ravi Ranganath <rranganath@fenwick.com>;
`lhadley@glaserweil.com; masherman@stubbsalderton.com;
`jgersh@stubbsalderton.com; wmonroe@stubbsalderton.com
`Subject: IN PERSONAL WEB TECHNOLOGIES, LLC ET AL., PATENT LITIGATION
`
`** EXTERNAL EMAIL **
`
`TO: J. DAVID HADDEN, SAINA S. SHAMILOV, MELANIE L. MAYER, TODD R.
`GREGORIAN, RAVI R. RANGANATH (FENWICK & WEST LLP Silicon Valley Center)
` LAWRENCE M. HADLEY (GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP)
` MICHAEL A. SHERMAN, JEFFREY F. GERSH, WESLEY W. MONROE (STUBBS
`ALDERTON MARKILES, LLP)
`
`Attached please e-mail services copies of the following: OBJECTIONS OF THIRD
`PARTIES 1) BRILLIANT DIGITAL ENTERTAINMENT, INC., 2) CLARIA INNOVATIONS, LLC,
`AND 3) EUROPLAY CAPITAL ADVISORS, LLC TO SUBPOENAS TO PRODUCE
`DOCUMENTS ISSUED BY AMAZON.COM, INC., AMAZON WEB SERVICES, INC., AND
`TWITCH INTERACTIVE, INC., hard copies will follow via FedEx. If you have any
`questions, please contact Michael Fletcher. Thank you.
`
`

`

`Case 5:18-md-02834-BLF Document 742-8 Filed 04/22/22 Page 6 of 6
`
`
`Barbara Wilson
`Legal Secretary
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 852-1000
`Facsimile:
`(323) 651-2577
`E-mail:
`bwilson@frandzel.com
`Web:
`www.frandzel.com
`
` P
`
` GO GREEN: Please consider the environment before you print.
`
`This electronic message contains information which may be confidential and privileged and is intended only for the
`named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of
`this message to anyone. If you have received this message in error, please delete the message and advise the
`sender by reply e-mail or by calling (323) 852-1000. Thank you.
`
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice
`contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (1)
`avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any
`tax-related matter(s) addressed herein.
`
`