`
`
`
`
`
`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
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`Case No.: 5:18-md-02834-BLF
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
`
`Case No.: 5:18-cv-00767-BLF
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Case No.: 5:18-cv-05619-BLF
`
`Plaintiffs
`EUROPLAY CAPITAL ADVISORS AND
`CLARIA INNOVATIONS’ STATUS
`REPORT RE DISCOVERY
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiffs,
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
`EUROPLAY CAPITAL ADVISORS AND CLARIA
`INNOVATIONS’ STATUS REPORT RE DISCOVERY
`
`
`
`
`CASE NOS. 5:18-md-02834-BLF
`5:18-cv-00767-BLF
`5:18-cv-05619-BLF
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
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`16
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`Case 5:18-md-02834-BLF Document 825 Filed 12/09/22 Page 2 of 2
`
`
`STATUS REPORT RE DISCOVERY DISPUTES
`Europlay Capital Advisors (“ECA”) and Claria Innovations (Claria) apprise the Court of the
`following:
`ECA and Claria believe that their discovery obligations have been fully satisfied.
`1.
`The remaining dispute—over whether ECA must search a Stubbs Alderton lawfirm email
`2.
`inbox of its principal, Murray Markiles—will likely be resolved when Amazon’s dispute with Stubbs
`Alderton is itself resolved. ECA understands that Mr. Markiles’s email inbox was one of those searched
`by Stubbs Alderton. ECA itself has no access to that email server.
`3.
`If this matter proceeds further, ECA and Claria reiterate their request to brief the question
`of the Court’s subject matter jurisdiction to entertain this dispute, as explained in their portion of the
`November 11, 2022 joint statement (Dkt # 801).
`4.
`ECA and Claria request that the Court rule on their pending administrative motion to
`excuse the participation of Mr. Markiles at the December 14, 2022 status hearing or continue the hearing
`to a later date.
`
`Dated: December 9, 2022
`
`Respectfully submitted,
`
` /s/ 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
`
`
`
`EUROPLAY CAPITAL ADVISORS AND CLARIA
`INNOVATIONS’ STATUS REPORT RE DISCOVERY
`
`
`
`2
`
`
`
`CASE NOS. 5:18-md-02834-BLF
`5:18-cv-00767-BLF
`5:18-cv-05619-BLF
`
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`
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