Case 5:18-md-02834-BLF Document 769 Filed 08/03/22 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`Case No. 18-md-02834-BLF
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`ORDER DENYING STUBBS,
`ALDERTON & MARKILES LLP’S
`WITHDRAWAL AS COUNSEL FOR
`PERSONALWEB; STRIKING STUBBS,
`ALDERTON & MARKILES LLP’S
`NOTICE OF WITHDRAWAL
`WITHOUT PREJUDICE
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`Case No.: 5:18-cv-00767-BLF
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`Case No.: 5:18-cv-05619-BLF
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`WEB
`PERSONAL
`RE
`IN
`TECHNOLOGIES, LLC ET AL., PATENT
`LITIGATION
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`AMAZON.COM, INC. and AMAZON
`WEB SERVICES, INC.,
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`Plaintiffs
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`v.
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`PERSONALWEB TECHNOLOGIES, LLC
`and LEVEL 3 COMMUNICATIONS, LLC,
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`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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`On June 24, 2022, the Court conditionally granted Stubbs, Alderton & Markiles LLP’s
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`(“SAM”) motion to withdraw as counsel for PersonalWeb Technologies, LLC (“PersonalWeb”).
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`See In re PersonalWeb Technologies, LLC et al., Patent Litigation, No. 18–md–02834 (“Lead
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`Case”), ECF No. 760. The Court indicated that SAM may withdraw “upon notice of appearance by
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`replacement counsel for PersonalWeb[.]” See id. at 8. On July 26, 2022, Robert M. Charles, Jr. and
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`Patrick Emerson McCormick of Lewis Roca Rothgerber (“Lewis Roca”) filed a notice of appearance
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`in Amazon.com, Inc. et al v. PersonalWeb Technologies, LLC et al, No. 5:18–cv–00767 (“Amazon
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`Case 5:18-md-02834-BLF Document 769 Filed 08/03/22 Page 2 of 3
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`Case”). See Amazon Case, ECF No. 314. The Notice indicated that Mr. Charles and
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`Mr. McCormick’s representation is “a limited scope representation as permitted by Cal. R. Ct. 3.35
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`with respect to post-judgment discovery, including responding to discovery demands, reviewing and
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`producing documents, preparing privilege logs, meeting and conferring on discovery matters, and
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`engaging in motion practice relating to post-judgment discovery as necessary.” See id.
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`Following the filing of the notice of appearance by Mr. Charles and Mr. McCormick, SAM
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`filed a notice of withdrawal as counsel for PersonalWeb on August 2, 2022. See Lead Case, ECF
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`No. 767. In response, Amazon.com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc.
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`(collectively, “Amazon”) filed an objection, identifying three deficiencies with Mr. Charles and
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`Mr. McCormick’s notice of appearance. See Objection, Lead Case, ECF No. 768. First, Amazon
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`notes that Mr. Charles and Mr. McCormick’s notice of appearance is not filed in the Lead Case, so
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`permitting SAM to withdraw would leave PersonalWeb without any representation as to the multi-
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`district litigation. See id. at 1. Second, Amazon notes that Lewis Roca is limiting its representation
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`in a similar way to how PersonalWeb had previously divided its representation between SAM and
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`Ronald Richards to avoid judgment enforcement. See id. Third, Amazon notes that Lewis Roca
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`has limited its representation to certain judgment enforcement tasks, potentially to the exclusion of
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`other issues like those concerning any remand of the fee award from the Federal Circuit. See id.
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`Amazon requests that the Court require PersonalWeb to comply with its prior order before allowing
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`SAM to withdraw. See id.
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`The Court agrees with Amazon. Before SAM is allowed to withdraw, replacement counsel
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`for PersonalWeb must file a notice of appearance in the Lead Case as well as the member cases—
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`i.e., the Amazon Case and PersonalWeb Technologies, LLC et al v. Twitch Interactive, Inc.,
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`No. 5:18–cv–05619 (“Twitch Case”). Further, any replacement counsel for PersonalWeb must have
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`a fuller scope of representation than the one indicated in Mr. Charles and Mr. McCormick’s notice
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`of appearance. The Court conditionally allowed SAM to withdraw in order to prevent undue
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`prejudice to Amazon based on PersonalWeb’s efforts to “thwart[] Amazon’s legitimate interest in
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`collecting its judgment.” See Order, Lead Case, ECF No. 694 at 3. The Court noted that “[i]t
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`appears that PersonalWeb is manipulating the situation by claiming that SAM is not authorized to
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`Case 5:18-md-02834-BLF Document 769 Filed 08/03/22 Page 3 of 3
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`represent it in post-judgment proceedings while stalling on having its new attorney file an
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`appearance.” See id. As outlined in Amazon’s objections, Lewis Roca’s limited representation of
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`PersonalWeb poses a danger of becoming PersonalWeb’s latest attempt to slow-roll and thwart
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`Amazon’s efforts to collect its judgment. Accordingly, SAM SHALL not be permitted to withdraw
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`as counsel for PersonalWeb until a notice of appearance indicating a fuller scope of representation
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`for replacement counsel is filed.
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`Based on the above reasoning, SAM’s withdrawal from this case is DENIED and SAM’s
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`notice of withdrawal is hereby STRICKEN in the Lead Case, Amazon Case, and Twitch Case
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`WITHOUT PREJUDICE to SAM filing a further notice of withdrawal once the Court’s
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`requirements outlined above are met.
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`IT IS SO ORDERED.
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`Dated: August 3, 2022
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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