Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 1 of 46
`
`EXHIBIT 1
`
`Subpoena
`Monto
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 2 of 46
`
`
`
`
`
`Todd R. Gregorian
`tgregorian@fenwick.com | 415.875.2402
`
`
`
`April 29, 2022
`
`Monto Holdings Pty Limited
`Suite 403, 3 Waverly St.
`Bondi Junction
`NSW 2022
`
`
`
`
`Re:
`
`In re: PersonalWeb Technologies, LLC, No. 18-md-02834-BLF (N.D. Cal.)
`
`Dear Sir or Madam:
`
`Enclosed, please find a subpoena being served in connection with the above-captioned
`lawsuit, which is currently pending in the United States District Court for the Northern District
`of California.
`
`The subpoena requests the production of documents identified in Attachment A. Note
`
`that any production of confidential documents or information in response to the subpoena will
`be covered by the enclosed protective order.
`
`We are willing to work with you to minimize the burden involved with your compliance
`
`with the subpoena. Please contact me if you would like to discuss the subpoena or have any
`questions
`
`Sincerely,
`
`FENWICK & WEST LLP
`
`/s/ Todd R. Gregorian
`
`Todd R. Gregorian
`
`
`
`
`
`TRG:rfp
`Enclosures
`
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 3 of 46
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Northern District of California
`__________ District of __________
`
`Civil Action No.
`
`5:18-md-02834-BLF
`
`))))))
`
`PersonalWeb Technologies, LLC et al.
`Plaintiff
`v.
`Amazon.com, Inc. et al.
`
`Defendant
`
`To:
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`Monto Holdings Pty Limited, Suite 403, 3 Waverly Street, Bondi Junction NSW 2022
`c/o Frandzel Robins Bloom & Csato, L.C., 1000 Wilshire Blvd., 19th Fl., Los Angeles, CA 90017-2427
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`See Attachment A
`
`Place:
`
`Fenwick & West LLP
`228 Santa Monica Blvd., Suite 300
`Santa Monica, CA 90401
`
`Date and Time:
`
`05/26/2022 5:00 pm
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`04/29/2022
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Todd R. Gregorian
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`Amazon.com, Inc. et al.
`Todd R. Gregorian, Fenwick & West LLP, 555 Cal. St., Fl. 12, S.F., CA, 94104; tgregorian@fenwick.com; 415-875-2300
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 4 of 46
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`5:18-md-02834-BLF
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 5 of 46
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`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 6 of 46
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`
`
`ATTACHMENT A
`
`DEFINITIONS
`
`1.
`
`The word “You” means Monto Holdings Pty Limited, including officers,
`
`directors, employees, attorneys (including but not limited to Your counsel of record and other
`
`attorneys representing You in the Receiver Action, as defined below), agents, representatives,
`
`and any other person acting or purporting to act on behalf of Monto Holdings Pty Limited.
`
`2.
`
`The word “Amazon” means Amazon.com, Inc., Amazon Web Services, Inc.,
`
`and/or Twitch Interactive, Inc.
`
`3.
`
`The word “PersonalWeb” means PersonalWeb Technologies, LLC, as well as any
`
`entity under its control, including officers, directors, employees, agents, representatives, and any
`
`other person acting or purporting to act on behalf of any of the foregoing.
`
`4.
`
`The word “SAM” means Stubbs Alderton & Markiles, LLP, including employees,
`
`agents, representatives, partners, associates, staff, any other person receiving compensation from
`
`Stubbs Alderton & Markiles, LLP, and any other person acting or purporting to act on behalf of
`
`Stubbs Alderton & Markiles, LLP.
`
`5.
`
`The word “SAM Ventures” means SAM Venture Partners, including officers,
`
`directors, employees, agents, representatives, and any other person acting or purporting to act on
`
`behalf of SAM Venture Partners.
`
`6.
`
`The word “document” includes, but is not limited to, the original, and each copy
`
`not identical to the original, of the records, reports, memoranda, notes, letters, minutes, contracts,
`
`tapes, correspondence, text messages, WhatsApp messages, emails, all electronic
`
`communications of any kind and all writings of any kind, including drafts of any of the
`
`
`
`1
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 7 of 46
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`foregoing, as well as any other tangible things on which information is recorded in writing,
`
`sound, electronically or any other manner.
`
`7.
`
`The word “communication” includes every manner of transmitting or receiving
`
`information, opinions and thoughts, whether orally, in writing, electronically or otherwise.
`
`8.
`
`The term “relating to, evidencing and/or reflecting” means reporting on or with
`
`respect to, showing or indicating knowledge of, concerning, mentioning, or in any manner
`
`referring to, either directly or indirectly.
`
`9.
`
`10.
`
`The term “all” and “each” shall be construed as all and each.
`
`The connectives “all” and “or” shall be construed either conjunctively or
`
`disjunctively as necessary to bring within the scope of the discovery requests all responses that
`
`might otherwise be construed to be outside of its scope.
`
`11.
`
`12.
`
`The use of the singular form of any word includes the plural and vice versa.
`
`The term “concerning” means relating to, referring to, describing, evidencing,
`
`reflecting, or constituting.
`
`13.
`
`The term “person” shall mean any natural person or any business, legal or
`
`governmental entity, or association.
`
`14.
`
`The term “Action” shall mean Case No. 5:18-md-02834-BLF in the United States
`
`District Court for the Northern District of California, In Re: PersonalWeb Technologies, LLC et
`
`al.
`
`15.
`
`The term “Receiver Action” shall mean Case No. 21VECV00575 in the Superior
`
`Court of California, County of Los Angeles, Brilliant Digital Entertainment, Inc. et al. v.
`
`PersonalWeb Technologies, LLC.
`
`
`
`2
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 8 of 46
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`16.
`
`The term “BDE Note” shall mean the financial instrument defined as the BDE
`
`Note in the Verified Complaint in the Receiver Action, filed April 27, 2021, to include the
`
`associated Pledge and General Security Agreement.
`
`17.
`
`The term “ECA Note” shall mean the financial instrument defined as the ECA
`
`Note in the Verified Complaint in the Receiver Action, filed April 27, 2021, to include the
`
`associated Pledge and General Security Agreement.
`
`18.
`
`The term “Claria Note” shall mean the financial instrument defined as the Claria
`
`Note in the Verified Complaint in the Receiver Action, filed April 27, 2021, to include the
`
`associated Pledge and General Security Agreement.
`
`19.
`
`The term “Monto Note” shall mean the financial instrument defined as the Monto
`
`Note in the Verified Complaint in the Receiver Action, filed April 27, 2021, to include the
`
`associated Pledge and General Security Agreement.
`
`20.
`
`The term “Notes” shall mean the BDE Note, ECA Note, Claria Note, and Monto
`
`Note.
`
`21.
`
`The term “Collateral” shall mean the property defined as “Collateral” in the
`
`Verified Complaint in the Receiver Action, filed April 27, 2021, and set forth in Exhibits 1 and 2
`
`to the Verified Complaint in the Receiver Action.
`
`22.
`
`The term “Intercreditor Agreement” shall mean the agreement defined as the
`
`“Intercreditor Agreement” in the Verified Complaint in the Receiver Action, filed April 27,
`
`2021.
`
`
`
`3
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 9 of 46
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`SPECIFIC REQUESTS
`
`1.
`
`All documents and communications relating to or reflecting the relationship
`
`between You and PersonalWeb, including, but not limited to, any proposed or actual equity or
`
`capital contributions made by You to PersonalWeb, any funds provided that PersonalWeb is
`
`obligated to repay, and any work done for or on behalf of PersonalWeb for which you are
`
`entitled to receive or received compensation of any kind.
`
`2.
`
`All documents and communications regarding this Action or other litigation by
`
`PersonalWeb or its affiliates, on the one hand, and Amazon or its affiliates, on the other
`
`including but not limited to the merits of the claims; Amazon’s claim for fees in this Action; and
`
`post-judgment discovery in this Action.
`
`3.
`
`All documents and communications regarding SAM Ventures, PersonalWeb Inc.,
`
`Eurocapital Business Development, LLC, Kinetech, Inc., or Topodia Limited, including: (a)
`
`documents reflecting the membership, structure, or principals of these entities; and (b) their
`
`respective interests in PersonalWeb.
`
`4.
`
`Documents and communications relating to the relationship between You and
`
`Topodia Limited, including but not limited to the October 31, 2018 assignment of the Monto
`
`Note.
`
`5.
`
`All documents and communications between You, on the one hand, and on the
`
`other PersonalWeb or Brilliant Digital Entertainment, Inc. or Europlay Capital Advisors, LLC or
`
`Claria Innovations, LLC, relating to the BDE Note, the ECA Note, the Claria Note, or the Monto
`
`Note.
`
`6.
`
`All documents and communications between You, on the one hand, and on the
`
`other PersonalWeb or Brilliant Digital Entertainment, Inc. or Europlay Capital Advisors, LLC or
`
`
`
`4
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 10 of 46
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`Claria Innovations, LLC, relating to the status of: (1) the BDE Note or its repayment; (2) the
`
`ECA Note or its repayment; (3) the Claria Note or its repayment; or (4) the Monto Note or its
`
`repayment, limited to the time period between March 1, 2021 and April 30, 2021.
`
`7.
`
`All documents and communications between You and Brilliant Digital
`
`Entertainment, Inc. or Europlay Capital Advisors, LLC or Claria Innovations, LLC, relating to
`
`the Intercreditor Agreement, including the negotiation or drafting of such agreement.
`
`8.
`
`All documents and communications between You and PersonalWeb relating to
`
`the Intercreditor Agreement, including the drafting of such agreement and PersonalWeb’s
`
`agreement to the appointment of a receiver.
`
`9.
`
`All documents and communications between You, on the one hand, and on the
`
`other, PersonalWeb or Brilliant Digital Entertainment, Inc. or Europlay Capital Advisors, LLC or
`
`Claria Innovations, LLC or SAM or SAM Ventures, relating to the Collateral, including but not
`
`limited to: (a) discussions of the past, present, or future value of the Collateral; (b) any fairness
`
`opinions; and (c) any appraisals or valuations undertaken to asses, calculate, opine, or evaluate
`
`the value of the Collateral.
`
`10.
`
`All documents relating to Your interests in any litigations, including intellectual
`
`property litigations, not included in the Collateral.
`
`11.
`
`All documents and communications relating to the December 31, 2019
`
`amendment and restatement of each of the Notes.
`
`12.
`
`Documents relating to third-party complaints, claims, threatened or pending
`
`lawsuits, and judgments against You from one year before the date of the Monto Note to present,
`
`including the title, the case number, the nature of the claim, the amount of any claim or judgment
`
`
`
`5
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 11 of 46
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`owed, and any unsatisfied judgments in which You are either the judgment debtor or the
`
`judgment creditor.
`
`13.
`
`Documents sufficient to establish the date of the demand on each of the Notes, as
`
`described in ¶ 26 of the Verified Complaint in the Receiver Action.
`
`14.
`
`All documents and communications between You and PersonalWeb related to the
`
`demand and refusal to pay, as described in ¶ 26 of the Verified Complaint in the Receiver
`
`Action.
`
`15.
`
`All documents and communications between You and PersonalWeb or Brilliant
`
`Digital Entertainment, Inc. or Europlay Capital Advisors, LLC or Claria Innovations, LLC or
`
`SAM or SAM Ventures in the time period of January 1, 2021 to present relating to the receiver,
`
`including but not limited to: (a) PersonalWeb’s agreement to the appointment of a receiver; (b)
`
`the selection of Robb Evans & Associates LLC as the receiver; (c) the May 4, 2021 Declaration
`
`of Michael Weiss Regarding No Opposition to Plaintiffs’ Ex Parte Application for Immediate
`
`Appointment of Receiver and Preliminary Injunction in Aid of the Receiver; (d) the agreement to
`
`loan $1 million to the receiver; and (e) the receiver’s hiring of its own counsel to manage the
`
`Collateral and court filings seeking the approval of same.
`
`16.
`
`All documents and communications between You and any other person or entity
`
`concerning any of the attorney fee awards or the judgment against PersonalWeb in the Action,
`
`including but not limited to communications about the potential for such award(s), Amazon’s
`
`attempt(s) to seek such award(s), or any actions taken by You in anticipation of, or which relate
`
`in any other way to, such award(s).
`
`
`
`6
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 12 of 46
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`17.
`
`All documents and communications between You and any other person or entity
`
`concerning any potential or contemplated attorney fee awards in any action or legal proceeding
`
`that is included in the Collateral.
`
`18.
`
`All documents and communications between You and any other person or entity
`
`concerning any potential or contemplated attorney fee awards in any action or legal proceeding
`
`brought by PersonalWeb.
`
`19.
`
`All documents and communications between You and PersonalWeb in the time
`
`period of March 1, 2021 to present relating to post-judgment discovery in this Action, including
`
`but not limited to any documents, communications, or things You provided to PersonalWeb or
`
`SAM.
`
`20.
`
`All documents and communications between You and SAM in the time period of
`
`March 1, 2021 to present relating to post-judgment discovery in this Action, including but not
`
`limited to any documents, communications, or things You provided to PersonalWeb or SAM.
`
`21.
`
`All documents and communications between You and SAM concerning its
`
`representation of PersonalWeb in the Action.
`
`22.
`
`All documents and communications between You and Ronald Richards
`
`concerning PersonalWeb, including but not limited to his contemplated or actual representation
`
`of PersonalWeb in the Action or the Receiver Action.
`
`23.
`
`All documents and communications between You and Kevin Bermeister
`
`concerning PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`24.
`
`All documents and communications between You and Michael Weiss concerning
`
`PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`
`
`7
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 13 of 46
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`25.
`
`All documents and communications between You and Jeffrey Gersh concerning
`
`PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`26.
`
`All documents and communications between You and Michael Sherman
`
`concerning PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`27.
`
`All documents and communications between You and Sandeep Seth concerning
`
`PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`28.
`
`All documents and communications between You and Wesley Monroe
`
`concerning PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`29.
`
`All documents and communications between You and Murray Markiles
`
`concerning PersonalWeb, the Collateral, the receiver, the Action, or the Receiver Action.
`
`30.
`
`All documents and communications between You and SAM or SAM Ventures in
`
`the time period of March 1, 2021 to present relating to the receiver, including but not limited to:
`
`(a) PersonalWeb’s agreement to the appointment of a receiver; (b) the selection of Robb Evans
`
`& Associates LLC as the receiver; (c) the May 4, 2021 Declaration of Michael Weiss Regarding
`
`No Opposition to Plaintiffs’ Ex Parte Application for Immediate Appointment of Receiver and
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`Preliminary Injunction in Aid of the Receiver; (d) the agreement to loan $1 million to the
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`receiver; and (e) the receiver’s hiring of its own counsel to manage the Collateral and court
`
`filings seeking the approval of same.
`
`31.
`
`All documents and communications between You and SAM or SAM Ventures in
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`the time period of March 1, 2021 to present relating to the intellectual property litigation claims
`
`set forth in Exhibit 2 to the Verified Complaint in the Receiver Action, filed April 27, 2021.
`
`32.
`
`All documents and communications between You and SAM or SAM Ventures in
`
`the time period of March 1, 2021 to present relating to the intellectual property litigation claims
`
`
`
`8
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 14 of 46
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`defined as the “101 Cases” in the memorandum of points and authorities in support of the
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`Motion of Receiver Robb Evans & Associates, LLC For An Order Authorizing Issuance of
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`Receiver’s Certificates In An Aggregate Amount Up To $1,000,000 in the Receiver Action, filed
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`November 12, 2021.
`
`33.
`
`All documents relating to payments made by You or PersonalWeb to lawyers,
`
`accountants, or other corporate service providers in excess of $100.00 since March 1, 2021.
`
`34.
`
`All documents relating to any retainers paid by you to lawyers, accountants, or
`
`other corporate service providers that have a remaining balance, surplus, or is an unearned
`
`retainer fee since March 1, 2021.
`
`35.
`
`All documents and communications relating to a transfer, dissipation,
`
`encumbrance, or pledging of all, or substantially all, of Your assets, including relating to the
`
`consideration or fair value that You received.
`
`36.
`
`Documents and communications sufficient to show all consideration or
`
`reasonably equivalent value You received in exchange for Your agreement to loan $1 million to
`
`the receiver.
`
`37.
`
`Documents and communications sufficient to show all consideration or
`
`reasonably equivalent value You received in exchange for the Monto Note and for each
`
`individual amendment and restatement of the Monto Note.
`
`38.
`
`All documents and communications relating to any additional obligations incurred
`
`by PersonalWeb from you, or transfers from PersonalWeb to you, not otherwise covered by
`
`Request Nos. 35–37.
`
`39.
`
`Documents and communications sufficient to show each and every distribution or
`
`dividend you received from PersonalWeb, or from Brilliant Digital Entertainment, Inc. or
`
`
`
`9
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 15 of 46
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`Europlay Capital Advisors, LLC or Claria Innovations, LLC, whether as a consequence of the
`
`Intercreditor Agreement or otherwise.
`
`40.
`
`Documents and communications sufficient to show each and every payment you
`
`received from PersonalWeb related to the Monto Note, including interest and principal
`
`payments.
`
`41.
`
`All documents relating to Your financial relationship with PersonalWeb, Brilliant
`
`Digital Entertainment, Inc., Europlay Capital Advisors, LLC, Claria Innovations, LLC, SAM, or
`
`SAM Ventures, including loans, write-offs or debt forgiveness, advances, any sales for less than
`
`fair market value, or any payments made from December 31, 2019 through the present.
`
`42.
`
`Documents sufficient to show in detail Your business purpose and operational
`
`activities, and the business purpose and operational activities of any entity that is Your direct or
`
`indirect owner, and the business purpose and operational activities of any entity of which You
`
`are a direct or indirect owner.
`
`43.
`
`All documents and communications relating to Your formation and operating
`
`documents, including without limitation articles of incorporation or organization, shareholder
`
`and Board of Directors meeting minutes, votes, bylaws, and documents and communications
`
`relating to the issuance of stock certificates, and the maintenance of proper accounting and
`
`shareholder records.
`
`44.
`
`All documents and communications relating to Your business operations,
`
`including without limitation documents related to meetings of the Board of Directors and/or
`
`meetings of managers, minutes, votes, and resolutions.
`
`
`
`10
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 16 of 46
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`45.
`
`Documents and communications sufficient to identify Your principals, investors,
`
`and/or anyone else who has ever held an interest in You, as well as the nature and amount of
`
`such interest.
`
`46.
`
`If any of Your officers, directors, employees, agents, or representatives hold any
`
`position at PersonalWeb, including as an officer, director, employee, agent, representative,
`
`owner, or founder, documents and communications sufficient to show such position.
`
`47.
`
`All documents and communications relating to the relationships between You and
`
`PersonalWeb, Brilliant Digital Entertainment, Inc., Europlay Capital Advisors, LLC, Claria
`
`Innovations, LLC, SAM, and/or SAM Ventures, including the organizational and ownership
`
`structure before the December 31, 2019 amendment and restatement of each of the Notes, and
`
`the organizational and ownership structure during the pendency of this Action and after the entry
`
`of judgment.
`
`48.
`
`All documents upon which You relied or which You referred to in responding to
`
`this Subpoena.
`
`
`
`
`
`11
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 17 of 46
`Case 5:18-md-02834-BLF Document 427 Filed 05/07/19 Page 1 of 28
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
` Case No. 5:18-md-02834-BLF
`
` Case No.: 5:18-cv-00767-BLF
`
`
`
`STIPULATED AMENDED
`PROTECTIVE ORDER
`
`
`
`
`Case No. 5:18-cv-05619-BLF
`
`IN RE: PERSONALWEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs/Counterdefendants,
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants/Counterclaimants.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Plaintiffs,
`
`v.
`TWITCH INTERACTIVE, INC.,
`Defendant.
`
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`STIPULATED AMENDED PROTECTIVE ORDER
`
`
`
`
`
`CASE NO.: 5:18-MD-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
`CASE NO.: 5:18-cv-05619-BLF
`
`

`

`Case 5:18-md-02834-BLF Document 771-1 Filed 08/18/22 Page 18 of 46
`Case 5:18-md-02834-BLF Document 427 Filed 05/07/19 Page 2 of 28
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`This Stipulated Protective Order is meant to govern the use of, and protect from public
`disclosure, any non-public and confidential or proprietary information used or disclosed in this
`litigation.
`PURPOSES AND LIMITATIONS
`1.
`Disclosure and discovery activity in these Actions are likely to