Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 1 of 10
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`EXHIBIT 7
`
`Claria
`Chart
`
`

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`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 2 of 10
`
`JOINT CHART RE AMAZON'S MOTION TO COMPEL COMPLIANCE WITH COURT'S ORDER AS TO CLARIA INNOVATIONS, LLC1
`
`AMAZON’S COMPROMISE
`No. 10: Amazon accepts Claria’s proposed compromise based on the
`representations of Claria and its counsel.
`
`COURT’S USE
`
`CLARIA'S PROPOSED
`COMPROMISE
`No. 10: Claria withdraws its
`objections. After a reasonable
`search there are no responsive
`documents because, since its
`formation, it has no interest in
`any such litigation.
`
`
`
`Claria's Response to
`Amazon's Position
`This dispute is resolved.
`However, to be clear. Claria’s
`counsel did not themselves
`access Claria's books, records
`and documents and thus cannot
`and do not make any
`"representations" based on
`personal knowledge to this or
`any other Response. Counsel
`do represent that the Requests
`and Responses were discussed
`with a representative of
`Europlay Capital Advisors,
`Claria's managing member,
`and has produced or placed on
`the privilege log the documents
`that were provided.
`
`AMAZON’S REQUESTS
`No. 10: All documents
`relating to Your interests in
`any litigations, including
`intellectual property
`litigations, not included in
`the Collateral.
`
`CREDITORS’ RESPONSES
`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
`
`
`1 Claria originally prepared this Joint Chart with the first, second and fourth columns and sent same to Amazon’s counsel on June 23, 2022, Amazon sent this version with the third column filled out on August 6, 2022. Claria has now
`prepared its response to Amazon’s proposed compromises.
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 3 of 10
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`AMAZON’S REQUESTS
`
`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.
`
`CREDITORS’ RESPONSES
`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.
`
`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.
`
`
`AMAZON’S COMPROMISE
`
`CLARIA'S PROPOSED
`COMPROMISE
`
`COURT’S USE
`
`No. 12: Amazon accepts Claria’s proposed compromise based on the
`representations of Claria and its counsel.
`
`No. 12: Claria withdraws its
`objections. After a reasonable
`search, Claria has no
`responsive documents.
`
`
`
`Claria's Response to
`Amazon's Position
`This dispute is resolved.
`However, to be clear. Claria’s
`counsel did not themselves
`access Claria's books, records
`and documents and thus cannot
`and do not make any
`"representations" based on
`personal knowledge to this or
`any other Response. Counsel
`do represent that the Requests
`and Responses were discussed
`with a representative of
`Europlay Capital Advisors,
`Claria's managing member,
`and has produced or placed on
`the privilege log the documents
`that were provided.
`
`
`
`2
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`

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`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 4 of 10
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`AMAZON’S REQUESTS
`
`No. 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.
`
`
`
`CREDITORS’ RESPONSES
`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.
`
`No. 42: 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 on the grounds that it is
`burdensome, harassing, calls for
`information that would violate
`the financial privacy of Claria
`and its ownership, and
`information that is not relevant
`to the Action, the Receivership
`Action or Amazon’s post-
`judgment collection efforts.
`Claria will not separately
`produce or log such matters but
`will meet and confer with
`Amazon to discuss the potential
`relevance, if any, of such
`matters.
`
`AMAZON’S COMPROMISE
`
`CLARIA'S PROPOSED
`COMPROMISE
`
`COURT’S USE
`
`No. 42: Claria should produce documents and communications
`responsive to the full scope of this request as the Court ordered.
`
`Amazon disputes that Claria “has had no business operations” “[a]part
`from its secured loan to PersonalWeb,” and, thus, “there are no further
`documents responsive to this Request”
`
`Claria is an artificial corporate entity created by someone(s) for a
`“business purpose” and “operational activities.” Even a basic internet
`search appears to disprove Claria’s representation that it “has had no
`business operations.” In January 2007, Jellycloud, Inc. (an apparent
`precursor to Claria) purportedly sought to register the trademark
`“AXON” for use “for software for use in tracking and analyzing
`keyword searches, tracking purchasing cycles and consumer
`preferences, and for use in selecting advertising content to display across
`the local computer network.” (See
`https://ttabvue.uspto.gov/ttabvue/v?pno=91187047&pty=OPP&eno=1.)
`After the application was opposed, in September 2010 Claria, which
`would have been formed by then according to Claria’s own admissions,
`abandoned the mark. (See
`https://ttabvue.uspto.gov/ttabvue/v?pno=91187047&pty=OPP&eno=20.)
`At the very least, this pending trademark filing constitutes “business
`3
`
`
`
`No. 42: Claria incorporates its
`objections. Subject thereto and
`without waiving such
`objections: Claria was formed
`in January 2010. In August
`2010 it formed PersonalWeb.
`As of April 2011, Claria held
`no interest in PersonalWeb.
`Apart from its secured loan to
`PersonalWeb, as to which
`responsive documents will be
`produced, Claria has had no
`business operations. Claria has
`no documents regarding the
`business purpose or operation
`of any entity that is its direct or
`indirect owner and it is not a
`direct or indirect owner of any
`other entity. Accordingly,
`there are no further documents
`responsive to this Request.
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 5 of 10
`
`AMAZON’S COMPROMISE
`operations” (and Claria likely operated or intended to operate in the
`specified classes for the mark) for which Claria has not agreed to
`produce documents. On information and belief, Claria has had other
`“business operations” as well.
`
`
`
`
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`
`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.
`
`
`COURT’S USE
`
`CLARIA'S PROPOSED
`COMPROMISE
`Claria's Response to
`Amazon's Position
`With all due respect; Amazon's
`statement demanding
`information regarding a
`trademark abandoned in
`September 2010, before
`PersonalWeb, LLC was
`formed, borders on, if not
`crosses the line, into triviality.
`The statement in Claria's
`proposed compromise that
`since April 2011, Claria has
`had no business except holding
`2.99% of PersonalWeb's debt
`is true. One can Google
`"Claria Innovations" and get
`pointed to the USPTO website
`that lists 16 trademarks, all
`"abandoned" or "dead" by
`2010 – 2014. Claria will
`produce printouts of the
`information available from that
`website. Amazon never states
`just how holding trademarks
`that were "abandoned" or
`"dead" between 8 – 12 years
`ago and over 3 years prior to
`this lawsuit being filed is
`relevant to the whereabouts of
`PersonalWeb assets or alter
`ego claims against a company
`that is not even a member of
`PersonalWeb. Finally, a
`search of the documents
`produced and/or logged by
`Caria or its manager,
`Europlay Capital Advisors,
`shows the documents
`
`
`
`4
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 6 of 10
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`No. 43: Amazon offers to limit the time-scope of the request to
`documents created on or after January 1, 2010, a reasonable period
`before the founding of PersonalWeb.
`
`Claria should otherwise produce documents responsive to the full scope
`of this request as the Court ordered.
`
`Notably, Claria states that it “has no substantial accounting records”
`implicitly acknowledging that it indeed has responsive “accounting
`records.”
`
`No. 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.
`
`No. 43: Claria objects to this
`Request under FRCP 45(d)(1),
`(2)(ii) on the grounds that, apart
`from the matters described in the
`"including, without limitation"
`clause, it is overly broad,
`burdensome and oppressive, and
`vague, including that it is not on
`its face limited as to time and
`scope, since Claria has been in
`existence since 2010.
`
`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 to the
`extent that it seeks Claria's
`confidential or proprietary
`information and/or trade secrets.
`
`Claria further objects to this
`Request on the grounds that it is
`burdensome, harassing, calls for
`information that would violate
`the financial privacy of Claria
`and its ownership, and
`information that is not relevant
`to the Action, the Receivership
`Action or Amazon’s post-
`judgment collection efforts.
`Claria will not separately
`produce or log such matters but
`will meet and confer with
`
`
`
`5
`
`COURT’S USE
`
`
`
`CLARIA'S PROPOSED
`COMPROMISE
`mentioning “Axon” were
`included.
`
`No. 43: Claria incorporates
`its objections. Subject
`thereto and without waiving
`such objections: Claria will
`produce its formation and
`operating documents. As an
`LLC it has no board of
`director or member meeting
`minutes, stock certificates,
`shareholder records or
`except with respect to
`records relating to its
`secured loan to
`PersonalWeb (documents
`with respect to which are
`being produced), it has no
`substantial accounting
`records.
`
`Claria otherwise stands on
`its response and, once
`production is made of such
`materials, it will meet and
`confer with Amazon
`regarding the need for
`further documents
`
`Claria's Response to
`Amazon's Position
`Amazon states no reason why,
`with respect to a Request
`calling for organizational
`documents, the stated
`compromise is not sufficient.
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 7 of 10
`
`AMAZON’S REQUESTS
`
`No. 44: All documents and
`communications relating to
`Your business operations,
`including without limitation
`documents related to
`meetings of the Board of
`
`
`
`CREDITORS’ RESPONSES
`Amazon to discuss the potential
`relevance, if any, of 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 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.
`
`No. 44: Claria objects to this
`Request under FRCP 45(d)(1),
`(2)(ii) on the grounds that, apart
`from the matters described in the
`"including, without limitation"
`clause, it is overly broad,
`
`AMAZON’S COMPROMISE
`
`COURT’S USE
`
`CLARIA'S PROPOSED
`COMPROMISE
`Likewise, as Claria's
`compromise states, Claria
`account records regarding its
`secured loan to PersonalWeb
`are being produced. All of this
`is subject to Amazon revisiting
`the subject after it has
`reviewed the records that were
`produced. Also see Claria's
`statements regarding Request
`no. 42.
`
`No. 44: Claria should produce documents responsive to the full scope of
`this request as the Court ordered. Given that Claria claims to have only a
`limited existence beyond loaning money to PersonalWeb, it can comply
`with the Court’s order.
`
`No. 44: Claria incorporates its
`proposed compromise stated
`with respect to Requests Nos.
`42 and 43.
`
`
`
`6
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 8 of 10
`
`AMAZON’S COMPROMISE
`
`COURT’S USE
`
`CLARIA'S PROPOSED
`COMPROMISE
`Claria's Response to
`Amazon's Position
`See statement in response to
`Amazon's position as to nos. 42
`and 43.
`
`AMAZON’S REQUESTS
`Directors and/or meetings of
`managers, minutes, votes,
`and resolutions.
`
`CREDITORS’ RESPONSES
`burdensome and oppressive, and
`vague, including that it is not on
`its face limited as to time and
`scope, since Claria has been in
`existence since 2010.
`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 to the
`extent that it seeks Claria's
`confidential or proprietary
`information and/or trade secrets.
`Claria further objects to this
`Request on the grounds that it is
`burdensome, harassing, calls for
`information that would violate
`the financial privacy of Claria
`and its ownership, and
`information that is not relevant
`to the Action, the Receivership
`Action or Amazon’s post-
`judgment collection efforts.
`Claria will not separately
`produce or log such matters but
`will meet and confer with
`Amazon to discuss the potential
`relevance, if any, of 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 such
`
`
`
`7
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 9 of 10
`
`AMAZON’S REQUESTS
`
`No. 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.
`
`CREDITORS’ RESPONSES
`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.
`
`No. 45: Claria objects to this
`Request on the grounds that it is
`burdensome, harassing, calls for
`information that would violate
`the financial privacy of Claria
`and its ownership, and
`information that is not relevant
`to the Action, the Receivership
`Action or Amazon’s post-
`judgment collection efforts.
`Claria will not separately
`produce or log such matters but
`will meet and confer with
`Amazon to discuss the potential
`relevance, if any, of such
`matters.
`
`
`AMAZON’S COMPROMISE
`
`CLARIA'S PROPOSED
`COMPROMISE
`
`COURT’S USE
`
`No. 45: Amazon accepts Claria’s proposed compromise based on the
`representations of Claria and its counsel that it will produce all
`responsive, non-privileged documents within its possession, custody or
`control consistent with the Court’s order.
`
`
`
` No. 45: Claria will produce
`the responsive documents.
`
`
`
`Claria's Response to
`Amazon's Position
`This dispute has apparently
`been resolved. However, to be
`clear, Claria’s counsel did not
`themselves access Claria's
`books, records and documents
`and thus cannot and do not
`make any "representations"
`based on personal knowledge
`to this or any other Response.
`Counsel do represent that the
`Requests and Responses were
`discussed with a representative
`of Europlay Capital Advisors,
`
`
`
`8
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-7 Filed 08/18/22 Page 10 of 10
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`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.
`
`
`
`
`
`
`
`AMAZON’S COMPROMISE
`
`CLARIA'S PROPOSED
`COMPROMISE
`Claria's managing member
`and has produced or placed on
`the privilege log the documents
`that were provided.
`
`COURT’S USE
`
`9
`
`
`
`