Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 1 of 12
`
`COURT ORDER RE AMAZON’S MOTION TO COMPEL COMPLIANCE WITH COURT’S ORDER AS TO MONTO HOLDINGS
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`No. 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.
`
`No. 33: Monto 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
`the production of Monto’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.
`
`
`
`No. 33: Monto 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 overbroad insofar as it may be
`interpreted as calling for such matters
`other than as related to the Action or the
`Receivership Action. To the extent the
`intent of this Request is to call for matters
`other than as may relate to the Action or
`Receivership Action, Monto objects to
`producing same as not relevant to
`Amazon’s post-judgment collection
`efforts and same will not be separately
`produced or logged.
`
`Monto 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, including counsel billing
`statements (but not the payments
`themselves) including communications
`with the Frandzel firm and any “service
`provider” or accountant who served as an
`expert consultant.
`
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order, after having
`conducted a reasonably diligent search,
`Monto will produce the responsive
`documents within its possession, custody,
`or control including electronic
`
`ORDER
`
`GRANTED/DENIED IN PART
`as overbroad. Monto to produce its
`general ledger redacted to clearly
`identify date, amount and payee of
`amounts paid by Monto or Personal
`Web to lawyers, accountants, or
`other corporate service providers in
`excess of $100.00 since March 1,
`2021.
`
`
`
`MONTO’S PROPOSED
`COMPROMISE
`No. 33: Monto incorporates its
`objections. Subject to and without
`waiving such objections: For the
`stated time period, Monto will produce
`extracts from its general ledger
`sufficient to identify date, amount and
`payee of amounts paid by Monto to
`lawyers, accountants, or other
`“corporate service providers” (defined
`by Amazon’s counsel at the June 17,
`2022 meet and confer session as “all
`service vendors”). Monto otherwise
`stands on its Response and, once
`production is made of such materials,
`it will meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Monto Response to Amazon Position
`Monto will not produce its entire
`general ledger because the Request
`doesn’t call for production of same.
`On its face the Request is limited to the
`stated categories of expenses. Monto
`has produced an abstract of its ledger
`showing exactly the information called
`for in the Request.
`
`As for "counsel's representation,"
`counsel for Monto did not themselves
`access Monto's 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
`
`
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 2 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`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.
`
`communications such as email, as well as
`a privilege log reflecting any documents
`or communications withheld under a
`claim of privilege or protection.
`
`
`No. 34: Monto 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 overbroad insofar as it may be
`interpreted as calling for such matters
`other than as related to the Action or the
`Receivership Action. To the extent the
`intent of this Request is to call for matters
`other than as may relate to the Action or
`Receivership Action, Monto objects to
`producing same as not relevant to
`Amazon’s post-judgment collection
`efforts and same will not be separately
`produced or logged.
`
`Monto 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, including counsel billing
`statements (but not the payments
`themselves) including communications
`with the Frandzel firm and any “service
`
`No. 34: Amazon accepts Monto’s
`proposed compromise based on the
`representations of Monto and its
`counsel, subject to provision of a
`redaction log and Amazon’s ability to
`challenge any improper redactions.
`
`
`
`ORDER
`
`RESOLVED
`
`MONTO’S PROPOSED
`COMPROMISE
`Response were discussed with Monto
`management and have produced or
`logged what management has
`provided.
`
`Having now seen Monto's production,
`Amazon does not explain why it is not
`sufficient for its legitimate purposes.
`Monto has agreed that all Responses
`are subject to further meet and confer
`or motion practice by Amazon.
`
`No. 34: Monto incorporates its
`objections. Subject to and without
`waiving such objections: Monto will
`produce a redacted copy of its retainer
`agreement with its counsel, Frandzel
`Robins Bloom & Csato, L.C.
`(“FRBC”) identifying the provisions
`relating to a retainer and a printout of
`FRBC’s trust account record showing
`the current balance thereof. After a
`reasonable search, there are no
`retainers paid by Monto to accountants
`or service providers or other lawyers
`during this time period. Monto
`otherwise stands on its Response and,
`once production is made of such
`materials, it will meet and confer with
`Amazon regarding any purported need
`for further documents.
`
`Monto Response to Amazon Position
`This dispute has been resolved.
`
`2
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 3 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`MONTO’S PROPOSED
`COMPROMISE
`
`ORDER
`
`provider” or accountant who served as an
`expert consultant.
`
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order, after having
`conducted a reasonably diligent search,
`Monto 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: Monto 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.”
`Monto further objects to this category on
`the grounds that it is overbroad,
`burdensome and harassing, seeks
`documents that violate the financial
`privacy of Monto regarding its :”financial
`relationship” with Brilliant, Europlay,
`and/or SAM (which has served as counsel
`for Monto on other matters) insofar as
`they relate to matters unrelated to
`PersonalWeb, the Action and/or the
`Receivership Action. Monto will not
`produce such documents or separately log
`same but is willing to meet and confer
`with Amazon to discuss the relevance, if
`
`No. 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.
`
`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.
`
`Monto should otherwise produce
`documents responsive to the full scope
`of this request as the Court ordered.
`
`Monto’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
`
`No. 41: Monto incorporates its
`objections. Subject to and without
`waiving such objections: At the
`June 17, 2022 meet and confer
`conference, Amazon’s counsel could
`not articulate a definition of “financial
`relationship” beyond the description in
`the “including” clause. For the stated
`time period, Monto will produce
`responsive documents sufficient to
`show loans, write-offs or debt
`forgiveness, if any, advances, sales for
`less than fair market value, if any, or
`any payments made with respect to
`PersonalWeb and Brilliant Digital
`Entertainment, Inc. (“BDE”). With
`respect to SAM, which has provided
`legal services for Monto in the US in
`the past independent of PersonalWeb,
`Monto will include any payments
`made to SAM from March 1, 2021 to
`the present in the document produced
`
`GRANTED as set forth in
`Amazon’s compromise. Monto to
`produce all documents created on
`or after January 1, 2010 relating to
`its financial relationships with
`PersonalWeb, BDE, 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.
`
`As noted in this Order, if it is
`Monto’s position that any category
`of responsive documents does not
`exist, it must so state in a
`declaration.
`
`3
`
`
`
`
`
`
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`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 4 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`requested, or more generally any sales,
`purchases, or receipts among Monto
`and PersonalWeb, Brilliant Digital
`Entertainment, Inc., Europlay Capital
`Advisors, LLC, Claria Innovations,
`LLC, SAM, or SAM Ventures. The
`insiders have already produced some
`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.
`
`any, of such matters to the past judgment
`collection efforts of Amazon.
`
`Monto 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.
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order, and
`consistent with the statements in this
`response after having conducted a
`reasonably diligent search, Monto will
`produce the response 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.
`
`
`ORDER
`
`
`
`MONTO’S PROPOSED
`COMPROMISE
`in response to Request No. 34. After a
`reasonable search, no such documents
`exist with respect to Europlay, Claria
`or SAM Ventures. Monto otherwise
`stands on its Response and, once
`production is made of such materials,
`it will meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Monto Response to Amazon Position
`Amazon is misreading the time period
`stated in its own Request - it clearly
`limits the period in question from
`December 31, 2019 to the date of the
`Response. Amazon is also ignoring the
`stated compromise and the
`representation as to there being no
`such transactions of the type described
`with Europlay, Claria or SAM
`Ventures. Monto has produced
`responsive documents sufficient to
`show its transactions with
`PersonalWeb and BDE and those of
`Topodia, whose position Monte took
`over, going back to January 1, 2010.
`As a further compromise, Monto will
`produce extracts from its general
`ledger as to any payments to SAM
`during the period December 31, 2019
`to March 2022 (the start of the period
`for Request 33). Monto has agreed
`that all Responses are subject to
`further meet and confer or motion
`practice by Amazon.
`
`No. 42: Documents sufficient to
`show in detail Your business
`
`No. 42: Monto objects to this Request
`under FRCP 45(d)(1), (2)(ii) on the
`
`No. 42: Amazon accepts Monto’s
`proposed compromise based on the
`
`No. 42: Monto incorporates its
`objections. Subject to and without
`
`RESOLVED
`
`4
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 5 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`representations of Monto and its
`counsel including the offer to meet and
`confer concerning what additional
`documents are required. Documents
`related to Austinvest and the direct and
`indirect owners of Monto are
`responsive to other requests and should
`be produced.
`
`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.
`
`grounds that it is overly broad,
`burdensome and oppressive, harassing
`and vague.
`
`
`Monto further objects to this Request to
`the extent that production of the requested
`records violates the financial privacy
`rights of Monto and/or its shareholders,
`and the entities in which it has
`investments. Monto is an investment
`company with numerous investments in
`numerous entities in numerous countries
`since its formation in 1982 none of which
`have anything to do with PersonalWeb or
`the Action or the Receivership Action.
`Apart from its organizational documents,
`Monto will not produce such documents
`or separately log same but will meet and
`confer with Amazon to discuss the
`relevance, if any, of such information to
`the post-judgment collection efforts of
`Amazon.
`
`
`ORDER
`
`MONTO’S PROPOSED
`COMPROMISE
`waiving such objections: After a
`reasonable search, Monto does not
`have responsive documents relating to
`such matters with respect to the entities
`that are its direct or indirect owners.
`As for Monto itself, its business is to
`hold and monitor investments. Its
`principal investment is brokerage
`account through which public
`securities are traded and held, and the
`loans to PersonalWeb and Brilliant
`(the information as to which is being
`produced in response to other
`Requests). Monto will produce copies
`of its brokerage account statements for
`12/31/15, 12/31/16, 12/31/17,
`12/31/18, 12/31/19, 12/31/20,
`12/31/21, 3/31/22, and 5/31/22,
`showing date of statement and the
`summary information for the statement
`period, and with the detail of the
`individual securities held in the
`account redacted. Amazon has no
`legitimate reason to demand or receive
`additional information for these or
`prior years, let alone documents going
`back 40 years to when it was formed
`and 30 years before PW was formed.
`Whatever Monto’s business may have
`been in the past, there can be no honest
`claim that information more than seven
`years old that has nothing to do with
`PersonalWeb has any discovery or
`other relevance to the existence or
`whereabouts of PersonalWeb assets or
`any purported alter ego relationship.
`Monto will produce similar documents
`relating to its wholly owned
`
`5
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 6 of 12
`
`
`
`
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`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: Monto 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 Monto has
`been in existence since 1982.
`
`Monto further objects to this Request to
`the extent that production of the requested
`records violates the financial privacy
`rights of Monto and/or its owners. Monto
`
`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.
`
`Monto should otherwise produce
`documents responsive to the full scope
`of this request as the Court ordered.
`
`MONTO’S PROPOSED
`COMPROMISE
`subsidiary, Austinvest Holdings Pty.
`Limited (“Austinvest”). Monto
`otherwise stands on its Response and,
`once production is made of such
`materials, it will meet and confer with
`Amazon regarding any purported need
`for further documents.
`
`Monto Response to Amazon Position
`This dispute appears to be resolved.
`
`As for "counsel's representation,"
`counsel for Monto did not themselves
`access Monto's 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 Monto
`management and have produced or
`logged what management has
`provided.
`
`No. 43: Monto incorporates its
`objections. Subject to and without
`waiving such objections: Monto is a
`“small” Australian limited proprietary
`company (a description of what such a
`company is may be found on
`Wikipedia), and will produce its
`formation and organizational
`documents and those of Austinvest and
`the current Australian Securities
`Investments Commission (“ASIC”)
`“Current Company Extract” and
`historical extracts purchased from the
`ASIC to produce herewith, plus
`
`ORDER
`
`GRANTED/DENIED IN PART
`as overbroad and vague and
`ambiguous. Monto to produce the
`following documents created on or
`after January 1, 2010:
`
`• Formation and
`organizational documents
`and those of Austinvest and
`the current Australian
`Securities Investments
`Commission (“ASIC”)
`
`6
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 7 of 12
`
`
`
`
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`further objects to this Request to the
`extent that it seeks Monto’s confidential
`or proprietary information and/or trade
`secrets. Except to the extent same may
`refer to PersonalWeb or comprise
`Monto’s formation documents, the Action
`or the Receivership Action, Monto will
`not produce or separately log shareholders
`or directors meeting minutes, by laws,
`documents relating to issuance of
`ownership interests or documents relating
`to accounting policies or any of the other
`matters referred to in this paragraph
`separately but will meet and confer with
`Amazon regarding the relevance, if any
`of, of any such matters to Amazon’s post
`judgment collection efforts.
`
`Monto 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.
`
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order and
`consistent with the statements in this
`response, after having conducted a
`reasonably diligent search, Monto will
`produce the responsive documents within
`its possession, custody, or control
`including electronic communications such
`
`ORDER
`
`•
`
`“Current Company
`Extract” and all other
`extracts in its possession or
`control,
`
`• All minutes of the
`Company Directors,
`
`• Documents sufficient to
`show the identity of its
`shareholders.
`
`
`
`
`
`MONTO’S PROPOSED
`COMPROMISE
`extracts previously printed and
`maintained in Monto’s possession
`(2013, 2014, 2015, 2016, 2017, 2019,
`2020, 2021), recent (2017-2021)
`minutes of the Company Directors re
`declaration of dividends, June 30, 2021
`Director’s minutes re solvency
`(required under Australian law), and
`Company minutes, June 22, 2021 re
`change of address and others which
`have been located. As Monto
`understands Australian law, annual or
`periodic shareholder meetings are not
`required. Monto will also produce
`documents sufficient to show the
`identity of its shareholders.
`Documents produced in response to
`No. 33 evidence the state of its
`accounting records. Monto otherwise
`stands on its Response and, once
`production is made of such materials,
`it will meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Monto Response to Amazon Position
`Amazon's response does not remotely
`suggest that Monto's production and
`proffered compromise is not sufficient
`for its legitimate purposes nor does
`Amazon suggest what further
`information it needs especially given
`its satisfaction with the compromise as
`to Request no. 42. Monto has agreed
`that all Responses are subject to
`further meet and confer or motion
`practice by Amazon.
`
`7
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 8 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`MONTO’S PROPOSED
`COMPROMISE
`
`ORDER
`
`No. 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.
`
`as email, as well as a privilege log
`reflecting any documents or
`communications withheld under a claim
`of privilege or protection.
`
`
`No. 44: Monto 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 Monto has
`been in existence since 1982.
`
`Monto further objects to this Request to
`the extent that production of the requested
`records violates the financial privacy
`rights of Monto and/or its owners. Monto
`further objects to this Request to the
`extent that it seeks Monto’s confidential
`or proprietary information and/or trade
`secrets. Except to the extent same may
`refer to PersonalWeb, the Action or the
`Receivership Action, Monto will not
`produce or separately log shareholders or
`directors meeting minutes, by laws,
`documents relating to issuance of
`ownership interests or documents relating
`to accounting policies or any of the other
`matters referred to in this paragraph
`separately but will meet and confer with
`Amazon regarding the relevance, if any
`of, of any such matters to Amazon’s post
`judgment collection efforts.
`
`
`No. 44: 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. 44: Monto incorporates its
`objections. Subject to and without
`waiving such objections: See
`Proposed Compromise stated in
`connection with Requests 42 and 43.
`
`Monto should otherwise produce
`documents responsive to the full scope
`of this request as the Court ordered.
`
`Monto Response to Amazon Position
`Amazon nowhere suggests why
`Monto’s Proposed Compromises
`stated as to Requests 42 and 43 are not
`sufficient for its purposes. Monto has
`agreed that all Responses are subject
`to further meet and confer or motion
`practice by Amazon.
`
`GRANTED/DENIED IN PART
`as overbroad and MODIFIED by
`the Court. Monto to produce
`documents and communications
`created on or after January 1, 2010
`sufficient to describe its business
`operations including without
`limitation documents reflecting
`meetings of the Board of Directors
`and/or meetings of managers,
`minutes, votes, and resolutions.
`
`8
`
`
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 9 of 12
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`MONTO’S PROPOSED
`COMPROMISE
`
`ORDER
`
`Monto 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, which include without
`limitation documents between and among
`Monto and its legal counsel, and
`documents reflecting counsel’s mental
`impressions, conclusions, opinions, legal
`advice or legal theories.
`
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order and
`consistent with the statements in this
`response, after having conducted a
`reasonably diligent search, Monto 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: Monto 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, especially
`since Monto has been in existence since
`1982.
`
`Monto objects to this Request to the
`extent that production of the requested
`records violates the financial privacy
`rights of third-parties who are investors or
`
`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.
`
`No. 45: Amazon offers to limit the
`time-scope of the request to documents
`and communications created on or
`after January 1, 2010, a reasonable
`period before the founding of
`PersonalWeb.
`
`Monto should produce documents and
`communications responsive to the full
`scope of this request as the Court
`ordered.
`
`No. 45: Monto incorporates its
`objections. Subject to and without
`waiving such objections: Monto will
`produce the ASIC “Current Company
`Extract” forms in its possession and
`the historical record which it has
`purchased that is available online, and
`the documents containing such
`information identified with respect to
`Request No. 43. Amazon has no
`legitimate reason for obtaining such
`information back beyond what is to be
`
`GRANTED/DENIED IN PART
`as overbroad and MODIFIED by
`the Court. Monto to produce
`documents and communications
`sufficient to identify principals,
`investors, and/or any other person
`who has held an interest in Monto,
`as well as the nature and amount of
`such interest.
`
`9
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`Case 5:18-md-02834-BLF Document 779-4 Filed 09/12/22 Page 10 of 12
`
`
`
`
`
`AMAZON’S REQUESTS
`
`CREDITORS’ RESPONSES
`
`AMAZON’S COMPROMISE
`
`have been investors in Monto. Monto
`will not produce or log documents to
`identify any investor in Monto who is not
`a current investor therein.
`
`Subject to and without waiving the
`foregoing objections, Monto responds as
`follows: In accordance with the scope
`and limitations of the Order and
`consistent with the statement stated in this
`response, after having conducted a
`reasonably diligent search, Monto 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. 47: Monto 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 especially since Monto
`has been in existence since 1982 and
`vague.
`
`Monto further objects to this category on
`the grounds that it is overbroad,
`burdensome and harassing, seeks
`documents that violate the financial
`privacy of Monto regarding its: “financial
`relationship” with Brilliant, Europlay,
`and/or SAM (which has served as counsel
`for Monto on other matters) insofar as
`they relate to matters unrelated to
`PersonalWeb, the Action, the
`
`This request is key to Amazon’s post-
`judgment discovery enforcement
`efforts. Amazon must understand the
`identities of persons and entities
`involved for the purpose of
`establishing potential alter ego
`relationships and fraudulent transfers.
`
`
`
`
`
`No. 47: Monto should produce
`documents responsive to the full scope
`of this request as the Court ordered.
`
`This request is key to Amazon’s post-
`judgment discovery enforcement
`efforts. Amazon must understand the
`organizational and ownership structure
`among Monto and PersonalWeb,
`Brilliant Digital Entertainment, Inc.,
`Europlay Capital Advisors, LLC,
`Claria Innovations, LLC, SAM, and/or
`SAM Ventures as well as why the
`unsecured loans to PersonalWeb were
`changed to secured debt (including
`whether that was done as part of an
`asset protection scheme and to defraud
`potential creditors of PersonalWeb)
`
`10
`
`No. 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.
`
`MONTO’S PROPOSED
`COMPROMISE
`produced, let alone back to 1982 when
`it was formed. Monto otherwise
`stands on its Response and, once
`production is made of such materials,
`it will meet and confer with Amazon
`regarding any purported need for
`further documents.
`
`Monto Response to Amazon Position
`Amazon's statement does not suggest
`why the documents it has produced in
`accord with its Compromise as to
`Requests 43 and 44 do not provide it
`with the information it legitimately
`needs "sufficient to identify" the
`requested information as to the identity
`of principals and investors of Monto.
`Monto has agreed that all Responses
`are subject to further meet and confer
`or motion practice by Amazon.
`No. 47: Monto incorporates its
`objections. Subject to and without
`waiving such objections: During the
`June 17, 2022 meet and confer
`conference, Amazon’s counsel could
`not provide a meaningful definition of
`“relationships” beyond what is stated
`in the “including” clause. Monto
`interprets the time period of this
`Request to refer to immediately before
`the December 31, 2019 Amendments
`and the timeframe thereafter. Monto
`further interprets the term
`“relationship” to mean an ownership
`interest or to a relationship of lender
`and borrower and excludes the
`Intercreditor Agreement that is
`addressed in prior Requests and does
`
`ORDER
`
`GRANTED/DENIED IN PART
`as overbroad and as MODIFIED
`by the Court. Monto to produce all
`documents and co