Case 5:18-md-02834-BLF Document 834 Filed 01/05/23 Page 1 of 4
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`MICHAEL A. SHERMAN (SBN 94783)
`masherman@stubbsalderton.com
`JEFFREY F. GERSH (SBN 87124)
`jgersh@stubbsalderton.com
`STUBBS ALDERTON & MARKILES, LLP
`15260 Ventura Blvd., 20th Floor
`Sherman Oaks, CA 91403
`Telephone:
`(818) 444-4500
`Facsimile:
`(818) 444-4520
`
`Former Attorneys for PERSONALWEB
`TECHNOLOGIES, LLC
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
`CASE NO.: 5:18-md-02834-BLF
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET., AL., PATENT LITIGATION
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`CASE NO.: 5:18-cv-00767-BLF
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`AMAZON.COM, INC. and AMAZON WEB
`SERVICE, INC.,
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`CASE NO.: 5:18-cv-05619-BLF
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` Plaintiffs,
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`v.
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`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
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` Defendants.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
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`STATEMENT OF STUBBS ALDERTON
`& MARKILES, LLP IN RESPONSE TO
`THE UPDATED STATUS REPORT OF
`AMAZON.COM, INC., AMAZON WEB
`SERVICES, INC. AND TWITCH
`INTERATIVE, INC.
`
`JUDGE: Hon. Susan van Keulen
`HEARING DATE: January 6, 2023
`TIME: 1:30 p.m.
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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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`STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`IN RESPONSE TO THE UPDATED STATUS REPORT
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`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO.: 5:18-CV-05619-BLF
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`STUBBS ALDERTON & MARKILES, LLP
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`15260 VENTURA BLVD.
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`SHERMAN OAKS, CALIFORNIA 91403
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`20TH FLOOR
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`

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`Case 5:18-md-02834-BLF Document 834 Filed 01/05/23 Page 2 of 4
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`Amazon.com, Inc., Amazon Web Services, and Services, Inc. and Twitch Interactive, Inc.
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`(collectively “Amazon”) unilaterally filed an Updated Status Report with respect to the hearing
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`originally set for January 5, 2023 at 1:30 p.m., (now continued to January 6, 2023) without ever
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`seeking Stubbs Alderton & Markiles, LLP’s (“SAM”), position. Amazon’s report distorts the facts
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`and attacks SAM in the process. The very first paragraph of Amazon’s report accuses PersonalWeb
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`of only “last week” instructing SAM to turn over documents and cites to Exhibit A of Mr. Gregorian’s
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`Declaration, Dkt. 828-2, at page 3. Mr. Gregorian simply misstates the documents/emails in order to
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`paint SAM in the most unfavorable light before this Court. Amazon’s attacks on SAM are simply
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`unwarranted and unnecessary. SAM has been diligently working to provide documents to
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`PersonalWeb’s new counsel, Lewis Roca. (Gersh Dec. ¶ 2).
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`SAM has undertaken to provide and has provided documents to Lewis Roca on a rolling basis
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`and continues to do so. To date, SAM has delivered approximately 4.3 gigabytes of data to Lewis
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`Roca which consist of approximately 14,000 emails with approximately 4,000 pdf attachments, 1800
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`Word documents, approximately 455 (originally estimated at 520) Excel spreadsheets, 730 images,
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`580 text files, 115 compressed files (uncompressed), and other documents. Approximately 27
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`mailboxes have been searched for emails and documents and approximately 23,000 PersonalWeb
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`documents have been delivered to Lewis Roca. (Gersh Dec. ¶ 3.) More documents will be
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`forthcoming. In fact, it is anticipated that today, January 5, 2023, or at the latest tomorrow, hard
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`copies of certain documents in possession of SAM are going to be delivered to Lewis Roca;
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`approximately 5 banker type boxes. (Gersh Dec. ¶ 3)
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`Amazon then attacks SAM directly and accuses SAM of failing to discuss “what paper or
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`electronic files it maintains for PersonalWeb” and cites once again to Exhibit C of Mr. Gregorian’s
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`declaration (Dkt. 828-4).
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`This Court should note that on December 28, 2022, Mr. Gersh of SAM sent a detailed response
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`to Mr. Lavin explaining the domains that were searched, that the search cut off was extended from
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`July 31, 2021 [not July 31, 2022] to September 15, 2022 (the date that SAM was no longer counsel
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`for PersonalWeb), advised counsel for Amazon that searches were continuing and roughly how much
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`time had already been spent through the Christmas holidays conducting searches and what additional
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`STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`IN RESPONSE TO THE UPDATED STATUS REPORT
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`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO.: 5:18-CV-05619-BLF
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`STUBBS ALDERTON & MARKILES, LLP
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`15260 VENTURA BLVD.
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`20TH FLOOR
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`SHERMAN OAKS, CALIFORNIA 91403
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`
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`

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`Case 5:18-md-02834-BLF Document 834 Filed 01/05/23 Page 3 of 4
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`search terms were run, all of which were responsive to Mr. Lavin’s December 26, 2022 email (Dkt
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`828-4) as Exhibit C to Mr. Gregorian’s declaration at page 4. At no time did Mr. Gersh state in the
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`referenced email that he has “no information” as declared by Mr. Gregorian.
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`What is most troubling is Amazon’s counsel, accusing SAM of participating in a “shell game”
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`with PersonalWeb, without any evidence to support its claim (Dkt 828-4, at 2). Amazon simply wants
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`to continue to beat on SAM despite the hundreds and hundreds of hours it has put into reviewing
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`documents and emails and providing same to PersonalWeb’s counsel, Lewis Roca.
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`Amazon further misstates the email that it references from Mr. Gersh in Mr. Gregorian’s
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`declaration at Exhibit C, (Dkt 828-4 at 2). Amazon takes out of context the word “prohibited”
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`claiming that the email somehow says that SAM is “prohibited” from communicating with its former
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`client. That is not the context at all in which the email was written. Mr. Gersh’s email references a
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`cutoff date of September 15, 2022 as the date when it no longer represented PersonalWeb in the
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`District Court matter. This seemed like the most logical date to run the searches to, since it was the
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`date SAM no longer represented PersonalWeb. Any communications after that between SAM and
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`its former client PersonalWeb in the District Court matter should still remain privileged, including
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`communications regarding the Federal Circuit matter.
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`Counsel for Amazon then attacks SAM on “technical issues” citing missing pages, missing
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`attachments, no load files with document metadata. This is not true. Whenever SAM has been
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`advised of a "technical issue”, it has worked diligently to provide the missing information or sought
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`to understand what happened. In fact, load files were provided to Lewis Roca, and when SAM was
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`later informed they were in the wrong format or a format they could not read, the format was changed
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`and the documents resent to Lewis Roca. The document metadata is found on the load files sent to
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`Lewis Roca, as well as parent/child information (i.e., attachments to the main email). SAM learned
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`from its third-party document management company, Everlaw, that the pages all appear as originally
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`transmitted and are informed that nothing was intentionally deleted or omitted. (Gersh Dec. ¶ 8,
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`Ex. 1.)
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`STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`IN RESPONSE TO THE UPDATED STATUS REPORT
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`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO.: 5:18-CV-05619-BLF
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`STUBBS ALDERTON & MARKILES, LLP
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`15260 VENTURA BLVD.
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`20TH FLOOR
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`SHERMAN OAKS, CALIFORNIA 91403
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`

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`Case 5:18-md-02834-BLF Document 834 Filed 01/05/23 Page 4 of 4
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`Dated: January 5, 2023
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`STUBBS, ALDERTON & MARKILES, LLP
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`By: /s/ Jeffrey F. Gersh
`Michael A. Sherman
`Jeffrey F. Gersh
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`STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`IN RESPONSE TO THE UPDATED STATUS REPORT
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`CASE NO: 5:18-MD-02834-BLF
`CASE NO: 5:18-CV-00767-BLF
`CASE NO.: 5:18-CV-05619-BLF
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`STUBBS ALDERTON & MARKILES, LLP
`
`15260 VENTURA BLVD.
`
`20TH FLOOR
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`SHERMAN OAKS, CALIFORNIA 91403
`
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