Case 5:18-md-02834-BLF Document 816 Filed 12/02/22 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`PERSONALWEB
`TECHNOLOGIES, LLC, PATENT
`LITIGATION
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`Case No. 18-md-02834-BLF (SVK)
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`ORDER ON DISCOVERY DISPUTES;
`SETTING DECEMBER 14, 2022
`HEARING
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`Re: Dkt. Nos. 801, 808, 807, 810, 814
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`The Court has reviewed the briefs following the discovery hearing held on November 9,
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`2022 (Dkt. 798) relating to the production of documents from Stubbs Alderton, former counsel to
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`judgment-debtor Personal Web in this matter, and the briefs arising out of the Joint Submission
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`(Dkt. 801) relating to the production of documents by third-party investors in Personal Web,
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`Brilliant Digital Entertainment, Inc. (“BDE”), Claria Innovations, LLC (“Claria”) and Europlay
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`Capital Advisors, LLC (“ECA”). Dkt. Nos. 801, 802, 806, 807, 808, 810, 814, 815. Some of the
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`issues raised in the briefs are distinct as to the parties involved while others present substantial
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`overlap, such as the Stubbs Alderton production and the sufficiency of the search and production
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`by Mr. Markiles on behalf of BDE and Claria.
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`Today, judgment-creditor Amazon filed an updated status report (Dkt. 815) reflecting
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`potentially significant developments as to the Stubbs Alderton production. Specifically, Personal
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`Web is in the process of producing an estimated 44,000 documents, production of which is to be
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`completed by December 5, 2022. Notwithstanding this production, issues raised in the briefs may
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`still be in need of resolution, and the Court is prepared to address these issues (e.g., sufficiency of
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`production of documents by clients; adequacy of counsel oversight; issues of “control” as between
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`Mr. Markiles as managing agent of ECA and Claria and as a partner of Stubbs Alderton).
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`Case 5:18-md-02834-BLF Document 816 Filed 12/02/22 Page 2 of 3
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`However, it may be that the production sufficiently addresses at least the Markiles/Stubbs
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`Alderton production issues.
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`Accordingly, in the interest of judicial and litigation efficiency, the Court ORDERS as
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`follows:
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`• A copy of this Order is to be served by Amazon on Stubbs Alderton.
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`• Amazon, Personal Web, a representative of Stubbs Alderton with personal
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`knowledge of the representations on information and belief set forth in the
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`declaration of Murray Markiles (Dkt. 808-2, ¶¶ 9–12), Mr. Markiles and counsel
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`for BDE, ECA and Claria are to appear on December 14, 2022 at 10:00 a.m., for
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`an in-person hearing regarding the adequacy of document productions to date. The
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`Court will hear proffers from counsel and may take evidence. The Court will
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`address any remaining open issues raised in the briefing identified above.
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`• As Amazon receives the most recent production from Personal Web, it is to search
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`for Exhibits 2, 3, 9, 22 and 25 to the declaration of Christopher Lavin (Dkt. 810-1),
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`which appear to reflect Mr. Markiles’ use of his Stubbs Alderton email account to
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`conduct business for ECA or Claria relating to Personal Web.
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`• No later than 12:00 p.m. on Friday, December 9, 2022, Amazon is to report the
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`results of its search, as well as any other status updates, in a submission not to
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`exceed three pages.
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`• No later than 12:00 p.m. on Friday, December 9, 2022, any other party or third-
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`party may also provide status updates, not to exceed three pages.
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`• The status reports are for new developments only; the Court will not consider
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`arguments or evidence already before it.
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`• All parties to these disputes are encouraged to continue meet-and-confer efforts to
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`resolve outstanding issues and obviate the need for a hearing.
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`Case 5:18-md-02834-BLF Document 816 Filed 12/02/22 Page 3 of 3
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`SO ORDERED.
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`Dated: December 2, 2022
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`SUSAN VAN KEULEN
`United States Magistrate Judge
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