Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 1 of 34
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`EXHIBIT 3
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`Claria
`
`

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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 2 of 34
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`Michael Gerard Fletcher (State Bar No. 070849)
`mfletcher@frandzel.com
`Craig A. Welin (State Bar No. 138418)
`cwelin@frandzel.com
`Bruce D. Poltrock (State Bar No. 162448)
`bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, Nineteenth Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
`Attorneys for Third Parties BRILLIANT
`DIGITAL ENTERTAINMENT, INC.;
`EUROPLAY CAPITAL ADVISORS, LLC;
`CLARIA INNOVATIONS, LLC
`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
`Case No. 5:18-cv-05619-BLF
`RESPONSES OF THIRD PARTY CLARIA
`INNOVATIONS, LLC TO SUBPOENA TO
`PRODUCE DOCUMENTS ISSUED BY
`AMAZON.COM, INC., AMAZON WEB
`SERVICES, INC., AND TWITCH
`INTERACTIVE, INC.
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants,
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`Plaintiffs,
`
`v.
`TWITCH INTERACTIVE, INC.,
`Defendant.
`
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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 3 of 34
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`Pursuant to the Court's order issued April 12, 2022, as amended ("Order"), third party,
`Claria Innovations, LLC ("Claria"), responds to the Subpoena to Produce Documents,
`Information, or Objects or to Permit Inspection of Premises in a Civil Action ("Subpoena") issued
`by Amazon.com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. (collectively,
`"Amazon") in the above-captioned action (the "Action") as follows:
`AMAZON'S DEFINITIONS
`The word “You” means Claria Innovations, LLC, including officers, directors,
`1.
`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 Claria Innovations, LLC.
`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 foregoing, as well as any
`other tangible things on which information is recorded in writing, sound, electronically or any
`other manner.
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 4 of 34
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`The word “communication” includes every manner of transmitting or receiving
`7.
`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.
`The term “all” and “each” shall be construed as all and each.
`10.
`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.
`The use of the singular form of any word includes the plural and vice versa.
`12.
`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.
`
`The term “Receiver Action” shall mean Case No. 21VECV00575 in the Superior
`15.
`Court of California, County of Los Angeles, Brilliant Digital Entertainment, Inc. et al. v.
`PersonalWeb Technologies, LLC.
`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
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 5 of 34
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`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.
`
`The term “Collateral” shall mean the property defined as “Collateral” in the
`21.
`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.
`GENERAL STATEMENT
`
`Claria fully intends to provide a full and complete response and production as ordered by
`the Court, as amended.
`The objections stated below are intended to correspond to the limitations set forth in the
`
`Order.
`
`RESPONSES TO SUBPOENA
`
`REQUEST NO. 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.
`RESPONSE TO REQUEST NO. 1:
` Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, with the
`exception of the matters stated in the "including, but not limited to" clause, when combined with
`the definitions, it is overly broad, burdensome and oppressive, and vague, including with respect
`to the terms "relating to or reflecting."
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

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`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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.
`RESPONSE TO REQUEST NO. 2:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, when
`combined with the definitions, it is overly broad, burdensome and oppressive, and vague.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 3:
`All documents and communications regarding SAM Ventures, PersonalWeb Inc.,
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

`

`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 7 of 34
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`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.
`RESPONSE TO REQUEST NO. 3:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, with the
`exception of the matters stated in the "including" clause, when combined with the definitions, it is
`overly broad, burdensome and oppressive, and vague.
`Subject to such objections, assuming Claria understands this Request, after a reasonably
`diligent search, Claria does not have any responsive documents.
`REQUEST NO. 4:
`Documents and communications relating to the relationship between Monto and Topodia
`Limited, including but not limited to the October 31, 2018 assignment of the Monto Note.
`RESPONSE TO REQUEST NO. 4:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, apart from
`documents comprising the assignment of the Note, when combined with the definitions, it is
`overly broad, and vague, including with respect to the term "relating to."
`Subject to such objections, assuming Claria understands this Request, after a reasonably
`diligent search, Claria does not have any responsive documents.
`REQUEST NO. 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 Monto
`Holdings Pty Ltd., relating to the BDE Note, the ECA Note, the Claria Note, or the Monto Note.
`RESPONSE TO REQUEST NO. 5:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, apart from
`documents comprising or communications specifically referring to said Notes, when combined
`with the definitions, it is overly broad and vague, including with respect to the term "relating to."
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
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`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`

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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 8 of 34
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`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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 Monto
`Holdings Pty Ltd., 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.
`RESPONSE TO REQUEST NO. 6:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that it is overly
`broad, vague, and burdensome and oppressive.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 7:
`All documents and communications between You and Brilliant Digital Entertainment, Inc.
`or Europlay Capital Advisors, LLC or Monto Holdings Pty Ltd. relating to the Intercreditor
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`

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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 9 of 34
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`Agreement, including the negotiation or drafting of such agreement.
`RESPONSE TO REQUEST NO. 7:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, apart from
`documents comprising or communications specifically referring to the Intercreditor Agreement,
`when combined with the definitions, it is overly broad and vague including with respect to the
`term "relating to."
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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.
`RESPONSE TO REQUEST NO. 8:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, apart from
`documents comprising or communications specifically referring to the Intercreditor Agreement,
`and/or the appointment of a receiver when combined with the definitions, it is overly broad and
`vague, including with respect to the term "relating to."
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 10 of 34
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`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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 Monto
`Holdings Pty Ltd. 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.
`RESPONSE TO REQUEST NO. 9:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, apart from
`documents and communications specifically within the specified categories (a), (b) and (c), when
`combined with the definitions, it is overly broad, burdensome and oppressive, and vague including
`with respect to the term "relating to."
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 10:
`All documents relating to Your interests in any litigations, including intellectual property
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
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`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
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`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 11 of 34
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`litigations, not included in the Collateral.
`RESPONSE TO REQUEST NO. 10:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that it is overly
`broad and vague, including with respect to the term "Your interests" and because that it is not on
`its face limited as to time and scope and including with respect to the term "relating to."
`Claria further objects to this Request to the extent that production of the requested records
`violates the financial privacy rights of Claria and/or its members.
`Claria further objects to this request on the grounds of burden, oppression and the lack of
`relevance of such matters to the Action, the Receivership Action and/or to Amazon’s post-
`judgment collection efforts. Claria will not separately produce or log documents relating to such
`matters.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting counsel's mental impressions, conclusions, opinions,
`legal advice or legal theories. Claria will not prepare a privilege log regarding documents
`withheld on such grounds because, as stated, none of such matters have any relevance to this
`proceeding.
`REQUEST NO. 11:
`All documents and communications relating to the December 31, 2019 amendment and
`restatement of each of the Notes.
`RESPONSE TO REQUEST NO. 11:
`Claria objects to this Request to the extent that it seeks production of documents protected
`by the attorney-client privilege and/or the attorney work product doctrine and the joint interest
`privilege, and documents reflecting such counsel's mental impressions, conclusions, opinions, or
`legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
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`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

`

`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 12 of 34
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`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 12:
`Documents relating to third-party complaints, claims, threatened or pending lawsuits, and
`judgments against You from one year before the date of the Claria Note to present, including the
`title, the case number, the nature of the claim, the amount of any claim or judgment owed, and any
`unsatisfied judgments in which You are either the judgment debtor or the judgment creditor.
`RESPONSE TO REQUEST NO. 12:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that it is overly
`broad and vague, including with respect to the term "Your interests" and because that it is not on
`its face limited as to time and scope and including with respect to the term "relating to."
`Claria further objects to this Request to the extent that production of the requested records
`violates the financial privacy rights of Claria and/or its members. Claria further objects to this
`request on the grounds of burden, oppression and the lack of relevance of such matters to the
`Action, the Receivership Action and/or to Amazon’s post-judgment collection efforts. Claria will
`not separately produce or log documents relating to such matters.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting counsel's mental impressions, conclusions, opinions,
`legal advice or legal theories. Claria will not prepare a privilege log regarding documents
`withheld on such grounds because, as stated, none of such matters have any relevance to this
`proceeding.
`REQUEST NO. 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.
`RESPONSE TO REQUEST NO. 13:
`Claria will produce responsive documents within its possession, custody, or control.
`
`11
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`RESPONSES OF THIRD PARTY CLARIA INNOVATIONS, LLC TO SUBPOENA TO PRODUCE DOCUMENTS
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

`

`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 13 of 34
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`REQUEST NO. 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.
`RESPONSE TO REQUEST NO. 14:
`Claria objects to this Request to the extent that it seeks production of documents protected
`by the attorney-client privilege and/or the attorney work product doctrine and the joint interest
`privilege, and documents reflecting such counsel's mental impressions, conclusions, opinions, or
`legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 15:
`All documents and communications between You and PersonalWeb or Brilliant Digital
`Entertainment, Inc. or Europlay Capital Advisors, LLC or Monto Holdings Pty Ltd. 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.
`RESPONSE TO REQUEST NO. 15:
`Claria objects to this Request to the extent that it seeks production of documents protected
`by the attorney-client privilege and/or the attorney work product doctrine and the joint interest
`privilege, and documents reflecting counsel's mental impressions, conclusions, opinions, legal
`advice or legal theories.
`12
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`RESPONSES OF THIRD PARTY CLARIA INNOVATIONS, LLC TO SUBPOENA TO PRODUCE DOCUMENTS
`ISSUED BY AMAZON.COM, INC., ETC.
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`1 2 3 4 5 6 7 8 9
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

`

`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 14 of 34
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`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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).
`RESPONSE TO REQUEST NO. 16:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, it is overly
`broad, burdensome and oppressive, and vague.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria
`will produce the responsive documents within its possession, custody, or control including
`electronic communications such as email, as well as a privilege log reflecting any documents or
`communications withheld under a claim of privilege or protection.
`REQUEST NO. 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.
`
`13
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`RESPONSES OF THIRD PARTY CLARIA INNOVATIONS, LLC TO SUBPOENA TO PRODUCE DOCUMENTS
`ISSUED BY AMAZON.COM, INC., ETC.
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`1 2 3 4 5 6 7 8 9
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`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR
`
`LOS ANGELES, CALIFORNIA 90017-2427
`
`(323) 852-1000
`
`

`

`Case 5:18-md-02834-BLF Document 771-3 Filed 08/18/22 Page 15 of 34
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`RESPONSE TO REQUEST NO. 17:
`Claria objects to this Request under FRCP 45(d)(1), (2)(ii) on the grounds that, it is overly
`broad, burdensome and oppressive, and vague.
`Claria further objects to this Request to the extent that it seeks production of documents
`protected by the attorney-client privilege and/or the attorney work product doctrine and the joint
`interest privilege, and documents reflecting such counsel's mental impressions, conclusions,
`opinions, or legal theories.
`Subject to and without waiving the foregoing objections, Claria responds as follows: In
`accordance with the scope and limitations of the Order, after a reasonably diligent search, Claria