Case 5:18-md-02834-BLF Document 818-3 Filed 12/06/22 Page 1 of 2
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`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
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`Attorneys for Third Parties Claria Innovations,
`LLC; Europlay Capital Advisors, LLC;
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`Case No. 5:18-md-02834-BLF
`IN RE: PERSONAL WEB TECHNOLOGIES,
`
`Case No. 5:18-cv-00767-BLF
`LLC ET AL., PATENT LITIGATION
`Case No. 5:18-cv-05619-BLF
`AMAZON.COM, INC., and AMAZON WEB
`
`SERVICES, INC.,
`DECLARATION OF MURRAY
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`MARKILES IN SUPPORT OF ECA’S
`Plaintiffs,
`ADMINISTRATIVE MOTION TO
`CONTINUE DECEMBER 14 HEARING
`OR, IN THE ALTERNATIVE, TO
`PERMIT TELEPHONIC
`APPEARANCE
`
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`v.
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`PERSONAL WEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
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`Defendants.
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`PERSONAL WEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
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`Plaintiffs,
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`v.
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`TWITCH INTERACTIVE, INC.,
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`Defendant.
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`
`DECLARATION OF MURRAY MARKILES IN
`SUPPORT OF ECA’S ADMINISTRATIVE MOTION
`TO CONTINUE DECEMBER 14 HEARING
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`CASE NOS. 5:18-md-02834-BLF
`5:18-cv-00767-BLF
`5:18-cv-05619-BLF
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`Case 5:18-md-02834-BLF Document 818-3 Filed 12/06/22 Page 2 of 2
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`DECLARATION OF MURRAY MARKILES
`I, Murray Markiles, am a principal at, and an authorized representative of, Europlay Capital
`Advisors, LLC (“ECA”) and Claria Innovations, LLC (“Claria”), third party post-judgment discovery
`respondents in this action. I submit this declaration to support ECA’s Administrative Motion to
`Continue December 14 Hearing or, in the Alternative, To Permit Telephonic Appearance, filed on
`December 6, 2022. I have personal knowledge of the facts stated in this declaration, and could and
`would testify competently to them if called as a witness.
`1.
`I am scheduled, with my wife and four close friends, to be out of the country in Mexico
`on a long-planned pre-paid group vacation coordinated among all of us to take place from December 11
`to December 18, 2022.
`2.
`Together with my wife and our four friends, I booked flights for this vacation in
`September 2022, and in the case of my wife and I, booked our tickets on September 14, 2022. True and
`correct copies of the emails confirming my departing and returning flights are attached as Exhibits A
`and B. The flights are non-refundable. As the small print in the emails explains, I could obtain a full
`refund only if I canceled them within 24 hours of purchase.
`3.
`The two couples travelling with us also coordinated their work and travel schedules to
`join us for the period of December 11 to December 18, 2022.
`4.
`At the time I booked the vacation in September 2022, I did not know or expect, and could
`not know or suspect, that the Court would set a potential evidentiary hearing where my presence was
`required on December 14, 2022.
`5.
`In addition to the inconvenience it would cause to myself and my traveling companions,
`cancelling my vacation will cause me to incur substantial and unrecoverable expense.
`I declare under penalty of perjury that the foregoing is true and correct. Signed at Los Angeles,
`California on this 6th day of December, 2022.
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`___________________________________
`Murray Markiles
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`DECLARATION OF MURRAY MARKILES IN
`SUPPORT OF ECA’S ADMINISTRATIVE MOTION
`TO CONTINUE DECEMBER 14 HEARING
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`CASE NOS. 5:18-md-02834-BLF
`5:18-cv-00767-BLF
`5:18-cv-05619-BLF
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