Case 5:18-md-02834-BLF Document 747-7 Filed 04/26/22 Page 1 of 4
`Case 5:18-md-02834-BLF Document 747-7 Filed 04/26/22 Page 1 of 4
`
`EXHIBIT 6
`EXHIBIT 6
`
`

`

`Case 5:18-md-02834-BLF Document 747-7 Filed 04/26/22 Page 2 of 4
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`
`Todd Gregorian
`Michael Bubman
`Christopher Lavin; Alan Mirman; Baratz, Michael
`RE: Europlay Capital Advisors, LLC, et al. v. PersonalWeb Technologies, LLC (No. 21VECV00575, Super. Ct., Cnty.
`of L.A.)
`Friday, February 4, 2022 7:12:46 PM
`
`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 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.
`
`

`

`Case 5:18-md-02834-BLF Document 747-7 Filed 04/26/22 Page 3 of 4
`
`
`
`
`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 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
`
`

`

`Case 5:18-md-02834-BLF Document 747-7 Filed 04/26/22 Page 4 of 4
`
`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 practice in
`California.
`
`
`