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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`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.
`
`Case No.: 5:18-md-02834-BLF
`Case No.: 5:18-cv-00767-BLF
`Case No.: 5:18-cv-05619-BLF
`
`[PROPOSED] ORDER DENYING
`AMAZON’S SECOND MOTION TO
`COMPEL COMPLIANCE WITH
`COURT ORDER BY BRILLIANT
`DIGITAL ENTERTAINMENT, INC.,
`CLARIA INNOVATIONS, LLC,
`EUROPLAY CAPITAL ADVISORS,
`LLC, AND MONTO HOLDINGS PTY.
`LTD.; REQUEST FOR SANCTIONS
`AND GRANTING THIRD PARTIES'
`REQUEST FOR BRIEFING THE
`COURT'S SUBJECT MATTER
`JURISDICTION
`
`4760992V2 | 101334-0002 [PROPOSED] ORDER
`DENYING AMAZON’S MTC #2
`
`
`
`
`
`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
`
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 801-2 Filed 11/11/22 Page 2 of 3
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`
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`Before the Court is Amazon's Motion to Compel Compliance with Court Order by Brilliant
`Digital Entertainment, Inc. ("BDE"), Claria Innovations, LLC ("Claria"), Europlay Capital
`Advisors, LLC ("ECA"), and Monto Holdings Pty. Ltd. ("Monto") (collectively, "Third Parties" or
`"Respondents". ("Motion"). Also before the Court is the request by BDE for sanctions against
`Amazon and its counsel.
`Initially, the Court notes that, even though the title of Amazon's motion seeks relief as to
`Claria and Monto, its joint statement nowhere asserts any deficiency in their compliance with any
`order of the Court. Accordingly, to the extent it seeks relief as to these Third Parties, Amazon's
`Motion is DENIED.
`The motion challenging the means by which BDE conducted its search is DENIED.
`The motion challenging the means by which ECA conducted its search is DENIED.
`The motion seeking to require ECA to search email on the server of the Stubbs Alderton
`firm is DENIED.
`The request for briefing on the Court's subject matter jurisdiction is GRANTED. Third
`parties shall jointly submit a brief on the subject by December 5, 2022 and the issue shall be briefed
`under the schedule in the local Rules as if it were presented in a Rule 12 motion.
`
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`IT IS SO ORDERED.
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`DATED: November ___, 2022
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`4760992V2 | 101334-0002 [PROPOSED] ORDER
`DENYING AMAZON’S MTC #2
`
`1
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`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 801-2 Filed 11/11/22 Page 3 of 3
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`
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`PRESENTED BY:
`
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`
`
`
` /s/ THOMAS M. ROBINS III
`By:
` THOMAS M. ROBINS III
`
`MICHAEL G. FLETCHER (SBN 70849)
`mfletcher@frandzel.com
`THOMAS M. ROBINS III (SBN 54423)
`trobins@frandzel.com
`BRUCE D. POLTROCK (SBN 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.;
`and MONTO HOLDINGS PTY. LTD.
`
`KIRKLAND & ELLIS LLP
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`
`
`
` /s/ MICHAEL SHIPLEY
`By:
` MICHAEL SHIPLEY
`MARK HOLSCHER (SBN 139582)
`mark.holscher@kirkland.com
`MICHAEL SHIPLEY (SBN 233674)
`michael.shipley@kirkland.com
`KIRKLAND & ELLIS LLP
`555 South Flower Street
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
`
`Attorneys for Third Parties EUROPLAY CAPITAL
`ADVISORS, LLC and
`CLARIA INNOVATIONS, LLC
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`4760992V2 | 101334-0002 [PROPOSED] ORDER
`DENYING AMAZON’S MTC #2
`
`
`
`2
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`CASE NOS. 5:18-md-02834-BLF,
`5:18-cv-00767-BLF, and
`5:18-cv-05619-BLF
`
`
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