Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 1 of 19
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`EXHIBIT 8
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`ECA
`Chart
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 2 of 19
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`JOINT CHART RE AMAZON'S MOTION TO COMPEL COMPLIANCE WITH COURT'S ORDER AS TO EUROPLAY CAPITAL ADVISORS, LLC1
`
`AMAZON’S REQUESTS
`No. 10: All documents relating to
`Your interests in any litigations,
`including intellectual property
`litigations, not included in the
`Collateral.
`
`COURT’S USE
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`
`
`CREDITORS’ RESPONSES
`No. 10: Europlay 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."
`
`Europlay further objects to this Request as
`exceedingly overbroad, burdensome and
`as calling for documents not relevant to
`PersonalWeb or Amazon's post-judgment
`collection efforts. As stated, Europlay is
`a litigation consultant, advisor and service
`firm and in the investment and fund
`management business and its personnel sit
`on numerous boards of directors, all for
`its numerous clients who have no
`relationship with PersonalWeb and
`Europlay is itself a party to a number of
`litigation cases. Many of such cases
`involve settlements or other resolutions
`that by agreement are subject to
`confidentiality clauses. Europlay further
`objects to this Request to the extent that
`production of the requested records
`violates the financial privacy rights of
`Europlay and/or its officers, directors,
`employees, and/or members. Europlay
`will not separately produce or log any
`documents relating to such matters but
`will meet and confer with Amazon to
`
`AMAZON’S COMPROMISE
`No. 10: Europlay should produce
`documents responsive to the full scope
`of this request as the Court ordered.
`But in the interest of compromise,
`Amazon offers to limit the request to:
`
`(i) documents created on or after
`January 1, 2010, a reasonable period
`before the founding of PersonalWeb;
`and
`
`(ii) documents to those sufficient to
`show Europlay’s interests in litigation,
`including at least (a) identifying the
`litigation, all parties to it, and any
`other interested parties; and (b)
`identifying any payment or other
`benefit Europlay received as a result of
`the litigation.
`
`Amazon would reserve the right to
`seek further production as necessary
`based on this initial production.
`Europlay has three principals, one of
`whom, Mark Dyne, is related to Kevin
`Bermeister, and another, Murray
`Markiles, is a name partner at Stubbs
`Alderton Markiles, PersonalWeb’s
`corporate and litigation counsel. How
`Mr. Markiles chose to set up
`PersonalWeb and structure ownership
`and investment by his law firm and
`others through both Europlay and
`SAM Ventures is key to establishing
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`No. 10: Europlay incorporates its
`objections. Subject thereto and
`without waiving such objections:
`Europlay has been in business since
`2002, approximately nine years before
`PersonalWeb was formed in 2011.
`Through a subsidiary, Eurocapital
`Business Development, LLC it
`indirectly owns a 9.8% interest in
`PersonalWeb and is a secured lender to
`PersonalWeb with 5.3% of the total
`loans outstanding. Insofar as Amazon
`seeks to impose alter ego liability on
`Europlay it is a minor target and the
`scope of discovery which it should be
`subjected should be limited
`accordingly. One of Europlay’s
`several lines of business is litigation
`advisory services which, in addition to
`providing advisory services, includes
`litigation support in return for which it
`receives a compensation. Documents
`relating to such matters cannot be
`produced without violating the
`confidences of its customers and none
`of the matters even remotely relate to
`PersonalWeb or Amazon.
`Additionally, Europlay is or has been a
`party to fee collection actions and
`confidential arbitrations and none of
`the matters even remotely relate to
`PersonalWeb or Amazon. Subject to
`the foregoing, Europlay will produce
`documents sufficient to show litigation
`
`
`1 Europlay originally prepared this chart with the first, second, and fourth columns filled out and sent it to Amazon in June 23, 2022. On Saturday, August 6, Amazon sent this and the other joint charts to counsel for Respondents with
`the third column filled out. Europlay has now supplied its “Response to Amazon’s Position” portion.
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`AMAZON’S REQUESTS
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`COURT’S USE
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 3 of 19
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`AMAZON’S COMPROMISE
`the fraudulent nature of the
`receivership and alter ego. Europlay is
`not in any sense a “minor target” it is
`once of multiple entities through which
`Stubbs Alderton attorneys had a direct
`interest in the PersonalWeb litigation
`and directed and are responsible for its
`conduct.
`
`Europlay’s objection based on its
`purported “limited interest” is baseless
`and also untimely as the Court has
`already ordered it to produce these
`materials. As for Europlay’s objection
`based on “financial privacy,” the
`documents can be given the highest
`designation under the Protective Order
`and, moreover, financial privacy is not
`a valid basis to withhold documents.
`See Bentkowsky v. Benchmark
`Recovery, Inc., Civ. A. No. 13-cv-
`01252-VC (JCS), Dkt. No. 63 (N.D.
`Cal. July 10, 2014) (slip op.) (rejecting
`a party’s claim of a financial privacy
`privilege and redaction of material, and
`ordering production subject to a
`protective order).
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`
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`CREDITORS’ RESPONSES
`discuss the relevance, if any, of such
`matters.
`
`Europlay 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.
`In this regard, Europlay is in the business
`of litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services. Europlay will
`not separately produce or log any
`documents relating to such matters but
`will meet and confer with Amazon to
`discuss the relevance, if any, of such
`matters.
`Europlay further objects to this Request as
`exceedingly overbroad, burdensome and
`as calling for documents not relevant to
`PersonalWeb or Amazon's post-judgment
`collection efforts. As stated, Europlay is
`a litigation consultant, advisor and service
`firm that has numerous clients having no
`relationship with PersonalWeb and is
`itself a party to a number of litigation
`cases. Many of such cases involve
`settlements or other resolutions that by
`agreement are subject to confidentiality
`clauses.
`
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`matters that are contained in publicly
`available data bases for recent years.
`Europlay otherwise stands on its
`Responses and, once production has
`been made of such materials it will
`meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Europlay's Response to Amazon's
`Position
`
`Amazon's Response well illustrates
`why the Court should honor
`Europlay's concerns regarding this
`Request. To appreciate Europlay’s
`issues with this Request, the term
`"Collateral" needs to be understood --
`it consists of the IP and assets the
`members of PersonalWeb contributed
`to PersonalWeb in 2011 when it was
`formed, which included the Patents In
`Suit in the Amazon case. While
`Europlay's interest in litigation
`regarding the "Collateral" may be a
`topic of legitimate interest, that is
`NOT what this Request seeks. Rather,
`it seeks Europlay's interest in litigation
`both before and after this case was
`filed in early 2018 wholly unrelated to
`the IP that was contributed to
`PersonalWeb and wholly unrelated to
`PersonalWeb itself or any of the other
`Respondents.
`
`As set forth in Europlay's Proposed
`Compromise, given the nature of one
`of its lines of business, litigation
`advice and support services, even
`
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`2
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 4 of 19
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`AMAZON’S REQUESTS
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`CREDITORS’ RESPONSES
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`AMAZON’S COMPROMISE
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`COURT’S USE
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`EUROPLAY'S PROPOSED
`COMPROMISE
`disclosure of the litigation, client,
`parties and the like would grossly
`invade confidential and exceedingly
`sensitive information and, even on an
`"attorneys eyes only" basis, could lead
`to breakage of privileges and could
`lead to Amazon blanketing Europlay's
`customers with subpoenas -- and none
`of these activities has anything to do
`with PersonalWeb or any of the other
`Respondents.
`
`The fourth paragraph of Amazon's
`Response attempts to justify this
`invasive discovery by the fact that a
`principal of Europlay, Mark Dyne, is
`related to Kevin Bermeister, BDE's
`principal and the non-executive
`Chairman of PersonalWeb. How does
`this justify the intrusion into
`Europlay’s litigation support and
`advisory services for its clients who
`are wholly unrelated to PersonalWeb
`or the other Respondents sought by
`this Request? Amazon doesn’t say.
`Amazon does not even offer to limit the
`types of litigation it seeks such as IP
`cases the same or similar to the
`Amazon case or suits claiming
`Europlay is an alter ego of some other
`company, or any other subject matter
`even remotely akin to the issues
`involving existence of PersonalWeb
`assets or alter ego relationship with
`PersonalWeb or the other
`Respondents.
`
`Amazon next argues that Murray
`Markiles, a principal of Europlay, is a
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`3
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 5 of 19
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`AMAZON’S REQUESTS
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`CREDITORS’ RESPONSES
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`AMAZON’S COMPROMISE
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`COURT’S USE
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`EUROPLAY'S PROPOSED
`COMPROMISE
`named partner in SAM, the corporate
`and litigation counsel for
`PersonalWeb. While this may well be
`a relevant fact. Amazon doesn’t state
`how intrusion into Europlay’s
`litigation support and advisory
`services for its clients who are wholly
`unrelated to PersonalWeb or the other
`Respondents is justified by same.
`Amazon then posits: "How
`Mr. Markiles chose to set up
`PersonalWeb and structure ownership
`and investment by his law firm and
`others through both Europlay and
`SAM Ventures is key to establishing
`the fraudulent nature of the
`receiverships and alter ego." While
`that may be a legitimate avenue of
`inquiry -- and Europlay has produced
`its non-privileged documents (and
`logged its privileged ones) as to this
`question showing that Europlay has an
`indirect ownership interest in
`PersonalWeb of 9.791% and SAM
`Ventures has a 1.10% interest
`therein -- Amazon nowhere pretends to
`explain why Europlay's interest in
`litigation relating to its litigation
`advice/support clients wholly
`unrelated to PersonalWeb, BDE,
`Monto or Claria has anything to do
`with the supposedly fraudulent
`receivership at issue in this matter, or
`Europlay's alleged alter ego
`relationship with PersonalWeb or its
`other owners. The whole
`"explanation" by Amazon is a non
`sequitur from start to finish. Likewise
`wholly unrelated to Amazon's
`
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`4
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`AMAZON’S REQUESTS
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`CREDITORS’ RESPONSES
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`AMAZON’S COMPROMISE
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 6 of 19
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`No. 11: Europlay should produce
`documents and communications
`responsive to the full scope of this
`request as the Court ordered.
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`supposed mission is the identity of
`litigation in which it may have sought
`to collect fees from clients wholly
`unrelated to PersonalWeb.
`
`Europlay’s authorities and argument
`regarding the financial privacy
`objection are set forth in the Joint
`Statement.
`
`Europlay's Response to Amazon's
`Position
`
`This Request is not even an issue that
`is identified Amazon's portion of the
`Joint Statement. Thus, Europlay did
`not include it in its original version of
`this chart. Europlay has produced all
`non-privileged documents responsive
`to this Request and logged all
`privileged documents, as have each of
`the other Respondents.
`
`No. 11: All documents and
`communications relating to the
`December 31, 2019
`amendment and restatement of each
`of the Notes.
`
`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 ECA 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.
`
`
`
`
`Europlay 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. In
`this regard, Europlay is in the business of
`litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services.
`No. 12: Europlay objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`grounds that it is overly broad,
`burdensome and oppressive, and vague
`including with respect to the term
`"relating to."
`
`Europlay further objects to this Request as
`exceedingly overbroad, burdensome and
`as calling for documents not relevant to
`PersonalWeb or Amazon's post-judgment
`collection efforts. As stated, Europlay is
`a litigation consultant, advisor and service
`firm and in the investment and fund
`
`No. 12: Amazon incorporates its
`responses to the objections and the
`statement recited in connection with
`Request No. 10.
`
`Amazon accepts Europlay’s proposed
`compromise based on the
`representations of Europlay and its
`counsel, provided that Europlay
`produces (i) documents sufficient to
`show all litigation matters from one
`year before the date of the ECA Note
`to present in which it was the judgment
`debtor or judgment creditor, not only
`5
`
`No. 12: Europlay incorporates its
`objections and the statement recited in
`connection with Request No. 10
`regarding the limited scope of its
`involvement in PersonalWeb. Subject
`thereto and without waiving such
`objections: Europlay has been in
`business since 2002, approximately
`nine years before PersonalWeb was
`formed in 2011. Europlay is or has
`been a party to fee collection actions
`and confidential arbitrations. Subject
`to the foregoing, Europlay will
`produce documents sufficient to show
`
`COURT’S USE
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 7 of 19
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`AMAZON’S REQUESTS
`
`No. 33: All documents relating to
`payments made by You or
`PersonalWeb to lawyers,
`accountants, or other corporate
`
`
`
`CREDITORS’ RESPONSES
`management business and its personnel sit
`on numerous boards of directors, all for
`its numerous clients who have no
`relationship with PersonalWeb and
`Europlay is itself a party to a number of
`litigation cases. Many of such cases
`involve settlements or other resolutions
`that by agreement are subject to
`confidentiality clauses. Europlay will not
`separately produce or log any documents
`relating to such matters but will meet and
`confer with Amazon to discuss the
`relevance, if any, of such matters.
`
`Europlay 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.
`In this regard, Europlay is in the business
`of litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services. Europlay will
`not separately produce or log any
`documents relating to such matters but
`will meet and confer with Amazon to
`discuss the relevance, if any, of such
`matters.
`
`No. 33: Europlay objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`grounds that it is vague with respect to the
`term "service providers" and "relating to"
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`COURT’S USE
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`AMAZON’S COMPROMISE
`those “contained in publicly available
`data bases for recent years,” and (ii)
`documents sufficient to show, for any
`threatened or asserted claims, the
`identity of the person or entity that
`asserted or threatened the claim, and
`the nature and resolution of the
`asserted or threatened claim.
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`litigation matters that are contained in
`publicly available data bases for recent
`years. Europlay otherwise stands on
`its Responses and, once production has
`been made of such materials it will
`meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Europlay's Response to Amazon's
`Position
`
`See Response with respect to Request
`No. 10. Amazon nowhere purports to
`justify requiring Europlay to produce
`documents relating to litigation
`matters in which it has been sued or
`someone has “threatened” to sue
`(whatever that extends to) beyond what
`is publicly available.
`
`No. 33: Europlay should produce
`documents responsive to the full scope
`of this request as the Court ordered.
`But in the interest of compromise,
`6
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`No. 33: Europlay incorporates its
`objections. Subject thereto and
`without waiving such objections: For
`the time period stated, Europlay will
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`

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`AMAZON’S REQUESTS
`service providers in excess of
`$100.00 since March 1, 2021.
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 8 of 19
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`CREDITORS’ RESPONSES
`and overly broad insofar as same may be
`construed to refer to such payments other
`than in the Action or Receivership Action.
`Europlay will not produce or separately
`log documents relating to payments other
`than in connection with the Action or the
`Receivership Action on the ground that
`any such documents would violate
`Europlay's financial privacy and would
`not be relevant to Amazon's post-
`judgment collection efforts.
`
`Europlay 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.
`In this regard, Europlay is in the business
`of litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services.
`Subject to and without waiving the
`foregoing objections, Europlay responds
`as follows: In accordance with the scope
`and limitations of the Order, after
`conducting a reasonably diligent search,
`Europlay 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
`Amazon offers to limit the request to
`the production of Europlay’s complete
`general ledger, provided counsel
`represents that the ledger is accurate
`and complete and reflects all
`responsive payments, clearly identifies
`the recipients of said payments, and
`subject to Amazon’s ability to seek
`further production concerning any
`payments made on behalf or for the
`benefit of PersonalWeb.
`
`COURT’S USE
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`produce portions of its general ledger
`sufficient to identify date, amount and
`payee of amounts paid by Europlay to
`lawyers, accountants, consultants and
`other "service providers." Europlay
`otherwise stands on its Responses and,
`once production has been made of such
`materials it will meet and confer with
`Amazon regarding any purported need
`for further documents.
`
`Europlay's Response to Amazon's
`Position
`
`Europlay is not going to produce its
`entire general ledger because the
`Request does not call for production of
`the entirety of same beyond what
`Europlay has said it will produce --
`which relates to expenses, not income
`or other GL accounts that do not track
`expenses of the type described in the
`Request.
`
`As for counsel's "representations",
`Europlay's counsel themselves did not
`personally access its books, records
`and documents and thus cannot, and
`will not, make any "representation"
`based on personal knowledge as to this
`or any other Response. Counsel do
`represent that this Request and the
`Response were discussed with
`Europlay management and have
`produced and/or logged what
`Europlay has provided as being
`responsive to the Request.
`
`
`
`7
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 9 of 19
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`AMAZON’S REQUESTS
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`CREDITORS’ RESPONSES
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`AMAZON’S COMPROMISE
`
`No. 34: Amazon accepts Europlay’s
`proposed compromise based on the
`representations of Europlay and its
`counsel, subject to provision of a
`redaction log and Amazon’s ability to
`challenge any improper redactions.
`
`No. 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.
`
`
`
`No. 34: Europlay objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`grounds that it is vague with respect to the
`term "service providers" and "relating to"
`and overly broad insofar as same may be
`construed to refer to such payments other
`than in the Action or Receivership Action.
`Europlay will not produce or separately
`log documents relating to payments other
`than in connection with the Action or the
`Receivership Action on the ground that
`any such documents would violate
`Europlay's financial privacy and would
`not be relevant to Amazon's post-
`judgment collection efforts.
`
`Europlay 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.
`In this regard, Europlay is in the business
`of litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services.
`
`Subject to and without waiving the
`foregoing objections, Europlay responds
`as follows: In accordance with the scope
`and limitations of the Order, after
`conducting a reasonably diligent search,
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`
`COURT’S USE
`
`
`
`No. 34: Europlay incorporates its
`objections. Subject thereto and
`without waiving such objections: For
`the time period stated the only such
`retainer is with its counsel, Frandzel
`Robins Bloom & Csato (“FRBC”).
`Europlay will produce a redacted copy
`of the FRBC retainer agreement
`identifying the provisions thereof
`relating to the retainer and a printout of
`FRBC’s trust account record showing
`the current balance thereof. Europlay
`otherwise stands on its Responses and,
`once production has been made of such
`materials it will meet and confer with
`Amazon regarding any purported need
`for further documents.
`
`Europlay's Response to Amazon's
`Position
`
`This dispute appears to be resolved.
`
`As for counsel's "representations",
`Europlay's counsel themselves did not
`personally access its books, records
`and documents and thus cannot, and
`will not, make any "representation"
`based on personal knowledge as to this
`or any other Response. Counsel do
`represent that this Request and the
`Response were discussed with
`Europlay management and have
`produced and/or logged what
`Europlay has provided as being
`responsive to the Request.
`
`
`
`8
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`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 10 of 19
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`AMAZON’S REQUESTS
`
`No. 41: All documents relating to
`Your financial relationship with
`PersonalWeb, Brilliant Digital
`Entertainment, Inc., Claria
`Innovations, LLC, Monto Holdings
`Pty Ltd., 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.
`
`
`
`CREDITORS’ RESPONSES
`Europlay 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. 41: Europlay objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`grounds that, apart from the matters
`described in the "including" clause, it is
`overly broad, burdensome and oppressive,
`and vague, including with respect to the
`term "financial relationship."
`
`Europlay further objects to this Request as
`overly broad, invading Europlay's
`financial privacy and that of its members,
`and calling for materials not relevant to
`Amazon's post-judgment collection
`efforts insofar as same seek documents
`regarding Europlay's "financial
`relationship," if any, whatever that may
`mean, with any entity other than
`PersonalWeb and/or matters with regard
`to such entities other than as relate to
`PersonalWeb, the Action and/or the
`Receivership Action, including SAM,
`with which Europlay is involved in other
`legal matters. Europlay will not
`separately produce or log documents that
`may be responsive as to these other
`entities but will meet and confer with
`Amazon to discuss the relevance, if any,
`of such matters to Amazon's post-
`judgment collection efforts.
`
`
`AMAZON’S COMPROMISE
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`
`COURT’S USE
`
`No. 41: 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 – except for the
`portion of the request that calls for any
`payments made from December 31,
`2019 through the present, which will
`have the same starting date set forth in
`the request.
`
`Europlay should otherwise produce
`documents responsive to the full scope
`of this request as the Court ordered.
`
`Europlay’s proposal artificially
`restricts the kinds of financial
`transactions for which it is willing to
`produce documents; for example, it
`does not agree to produce documents
`relating to any payments made from
`December 31, 2019 through the
`present, as requested, or more
`generally any sales, purchases, or
`receipts among Europlay and
`PersonalWeb, Brilliant Digital
`Entertainment, Inc., Claria
`Innovations, LLC, Monto Holdings Pty
`Ltd., SAM, or SAM Ventures. The
`insiders have already produced some
`9
`
`
`
`No. 41: Europlay incorporates its
`objections. Subject thereto and
`without waiving such objections: At
`the June 17, 2022 meet and confer
`conference between Europlay’s
`counsel and Amazon’s counsel
`(relating to the Brilliant and Monto
`productions) Amazon’s counsel could
`not articulate a definition of "financial
`relationship” beyond the description
`stated in the “including” clause. For
`the stated time period, Europlay will
`produce or log all documents regarding
`PersonalWeb. Also, through
`Eurocapital Business Development
`Europlay is the manager of Claria,
`which provides 2.94% of the loan
`funding to PersonalWeb, which
`amounts are advanced by Europlay as
`manager of Claria and documents
`sufficient to show its membership
`interest and the amounts of funds
`advanced during such period will be
`produced. No documents regarding
`loans, write-offs or debt forgiveness,
`advances, sales for less than fair
`market value or payments (except to
`SAM) exist. As to SAM, there exists
`an attorney-client relationship between
`that firm and Europlay. Europlay is
`
`
`
`

`

`AMAZON’S REQUESTS
`
`COURT’S USE
`
`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 11 of 19
`
`AMAZON’S COMPROMISE
`documents reflecting payments made
`directly on PersonalWeb’s behalf. The
`financial arrangements and
`transactions between and among these
`entities are necessary to establish any
`alter ego relationships and/or the
`fraudulent nature of the secured debt
`instruments by which the insiders
`secured the receivership to avoid the
`Court’s judgment.
`
`CREDITORS’ RESPONSES
`Europlay 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.
`In this regard, Europlay is in the business
`of litigation support and consultation; thus
`with the exception of its role as a secured
`creditor of PersonalWeb, the vast majority
`of its communications regarding the
`subject of this Request are in the context
`of providing such services.
`
`Subject to and without waiving the
`foregoing objections, Europlay responds
`as follows: In accordance with the scope
`and limitations of the Order, consistent
`with the statements in this response and
`after conducting a reasonably diligent
`search Europlay 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.
`
`
`EUROPLAY'S PROPOSED
`COMPROMISE
`producing documents sufficient to
`show payments to SAM from March 1,
`2021 to present in response to Request
`No. 33. Europlay otherwise stands on
`its Responses and, once production has
`been made of such materials it will
`meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Europlay's Response to Amazon's
`Position
`
`Amazon is misreading the time period
`stated in the Request which clearly
`limits the period in question from
`December 31, 2019 to the date of the
`Response. Amazon is also ignoring
`Europlay’s stated compromise and the
`representation as to the nonexistence
`of any "financial relationship" as to
`entities other than PersonalWeb.
`Documents relating to PersonalWeb
`have been produced going back to
`"day one" of its existence that are
`nonprivileged and Europlay has
`logged documents relating thereto that
`are privileged. As a further
`compromise, Europlay will provide
`portions of its ledgers showing
`payments to SAM as counsel for
`Europlay from December 31, 2019.
`
`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,
`
`
`
`No. 42: Europlay objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`grounds that it is overly broad,
`burdensome and oppressive, and vague.
`
`
`No. 42: 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.
`
`
`
`No. 42: Europlay incorporates its
`objections and the statement recited in
`connection with Request No. 10
`regarding the limited scope of its
`involvement in PersonalWeb. Subject
`thereto and without waiving such
`
`10
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 771-8 Filed 08/18/22 Page 12 of 19
`
`AMAZON’S COMPROMISE
`
`AMAZON’S REQUESTS
`and the business purpose and
`operational activities of any entity of
`which You are a direct or indirect
`owner.
`
`CREDITORS’ RESPONSES
`Europlay further objects to this Request
`on the grounds of overbreadth, burden,
`invasion of financial privacy and lack of
`relevance to the Action or Amazon’s post-
`judgment collection efforts to the extent
`that it seeks production of the matters
`relating to its members or the entities in
`which it has investments. Europlay has
`had and has a number of investments in
`different entities since its formation in
`2002, none of whi