Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 1 of 7
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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
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`CASE NO.: 5:18-md-02834-BLF
`IN RE PERSONALWEB TECHNOLOGIES,
`LLC, ET., AL., PATENT LITIGATION
`
`CASE NO.: 5:18-cv-00767-BLF
`
`AMAZON.COM, INC. and AMAZON WEB
`SERVICE, INC.,
`
`CASE NO.: 5:18-cv-05619-BLF
`
` Plaintiffs,
`
`v.
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`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
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` Defendants.
`PERSONALWEB TECHNOLOGIES, LLC, et
`al.,
`
`DECLARATION OF JEFFREY F. GERSH
`IN SUPPORT OF 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.
`
`Plaintiffs,
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
`DECLARATION OF JEFFREY F. GERSH IN SUPPORT
`OF STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`
`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.
`
`SHERMAN OAKS, CALIFORNIA 91403
`
`20TH FLOOR
`
`

`

`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 2 of 7
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`DECLARATION OF JEFFREY F. GERSH
`
`I, JEFFREY F. GERSH, declare:
`
`1.
`
`I am a member of the bar of the State of California and am admitted to practice before the
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`United States District Court for the Northern District of California. I am a partner at Stubbs Alderton
`
`& Markiles, LLP (“SAM”). The facts herein are, unless otherwise stated, based upon personal
`
`knowledge, and if called upon to do so, I could, and would testify to their truth under oath. I submit
`
`this Declaration in support of SAM’s Statement in Response to to the Updated Status Report filed by
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`counsel for Amazon.com, Inc., Amazon Web Services, Inc. and Twitch Interactive, Inc. (“Statement”).
`
`2.
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`SAM has been diligently working to provide documents to PersonalWeb’s new counsel
`
`Lewis Roca.
`
`3.
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`It is my understanding that SAM has delivered approximately 4.3 gigabytes of data to
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`Lewis Roca which consist of approximately 14,000 emails with approximately 4,000 pdf attachments,
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`1800 Word documents, 455 Excel spreadsheets, 730 images, 580 text files, 115 compressed files, and
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`other documents. Approximately 27 mailboxes have been searched for emails and documents and
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`approximately 23,000 PersonalWeb documents have been delivered to Lewis Roca. More documents
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`are being reviewed and are being transmitted on a rolling basis.
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`4.
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`Today, January 5, 2023, I am advised that Lewis Roca is picking up from SAM five
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`banker’s boxes containing hard copy documents.
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`5.
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`On December 28, 2022, I sent a detailed response to an email from Mr. Lavin explaining
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`the domains that were searched, that the search cut off was extended from July 31, 2021 [not July 31,
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`2022] to September 15, 2022 (the date that SAM was no longer counsel for PersonalWeb). I also
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`advised counsel for Amazon that searches were continuing and roughly how much time had already
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`been spent through the Christmas holidays conducting searches and what additional search terms were
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`run, all of which were responsive to Mr. Lavin’s December 26, 2022 email.
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`6.
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`7.
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`SAM is not participating in any “shell game” with PersonalWeb or its counsel.
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`Amazon takes out of context the word “prohibited” in my earlier email claiming that it
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`somehow says that SAM is “prohibited” from communicating with its former client. That is not the
`
`1
`DECLARATION OF JEFFREY F. GERSH IN SUPPORT
`OF STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`
`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.
`
`SHERMAN OAKS, CALIFORNIA 91403
`
`20TH FLOOR
`
`

`

`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 3 of 7
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`context at all in which the email was written. I refer to a cutoff date of September 15, 2022 as the date
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`when SAM no longer represented PersonalWeb in the District Court matter. This seemed like the
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`most logical date to run the searches to. Any communications after that between SAM and its former
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`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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`8. Whenever SAM has been advised of a "technical issue,” it has worked diligently to
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`provide the missing information or sought to understand what happened. In fact, load files were
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`provided to Lewis Roca, and SAM was later informed they were in the wrong format or a format they
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`could not read, so the format was changed, and the documents resent to Lewis Roca. The document
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`metadata is found on the load files sent to Lewis Roca, as well as parent/information (i.e., attachments
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`to the main email). SAM learned from its third-party document management company, Everlaw, that
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`the pages all appear as originally transmitted and are informed that nothing was intentionally deleted
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`or omitted. Attached hereto as Exhibit 1, is a true and correct copy of the Everlaw email sent to SAM.
`
`I declare under the penalty of perjury under the laws of the United States of America
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`that the foregoing is true and correct.
`
`Executed this 5th day of January 2023 at Sherman Oaks, California.
`
`By: /s/ Jeffrey F. Gersh
`Jeffrey F. Gersh
`
`2
`DECLARATION OF JEFFREY F. GERSH IN SUPPORT
`OF STATEMENT OF STUBBS ALDERTON & MARKILES, LLP
`
`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.
`
`SHERMAN OAKS, CALIFORNIA 91403
`
`20TH FLOOR
`
`

`

`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 4 of 7
`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 4 of 7
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`EXHIBIT 1
`EXHIBIT 1
`
`3
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`

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`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 5 of 7
`
`From:
`To:
`Subject:
`Date:
`
`Aaron Long (Everlaw)
`James Ponce
`[Everlaw Support] - Ticket #266483 - Project ID US 34432: Question on specific files
`Wednesday, January 4, 2023 1:47:48 PM
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any links or attachments
`unless you know the sender.
`
`##- Please type your reply above this line -##
`
`Your request (#266483) has been updated. Reply to this email or click the link below:
`http://support.everlaw.com/hc/requests/266483
`
`Aaron Long (Everlaw)
`Jan 4, 2023, 1:47 PM PST
`
`Hello Jim,
`
`Thank you for your patience as I've taken the time to review your support request. At this
`time after reviewing the documents in question, it appears that the documents when
`downloaded in their native format appear to be exactly what Everlaw is displaying.
`
`For example, in the document #29140.1, the attachments when downloaded in their native
`format, show what is displayed when looking at the document in Everlaw.
`
`If you'd like to further review the native version of the documents you've listed, you can do
`so by downloading the native version of the documents (please see link to Knowledge Base
`article). To download the native version of the document, click the icon to the left of the
`Bates number. If there is no native for the document, no download will be available.
`
`zendesk_1.png
`
`I hope this helps with your support request; however, if you need further assistance with
`this matter, please follow up so I may provide additional support.
`
`All the best,
`
`Aaron K. Long
`
`Everlaw
`Customer Support Specialist I
`
`4
`
`

`

`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 6 of 7
`
`Learn about Everlaw and register for live training sessions in our Training Center
`
`James Ponce
`Jan 4, 2023, 10:39 AM PST
`
`We ingested several .pst files into Everlaw, if that helps.
`
`Jim
`
`James Ponce
`Paralegal, Stubbs Alderton & Markiles, LLP
`818.444.9275 (voice/text/fax) | jponce@stubbsalderton.com
`www.stubbsalderton.com | 15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`
`The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named
`above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the
`reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are
`hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this
`message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete
`the original message.
`
`Attachment(s)
`~WRD0005.jpg
`
`Aaron Long (Everlaw)
`Jan 4, 2023, 10:15 AM PST
`
`Hello James,
`
`Thank you for contacting Everlaw Customer Support. We have received your support
`request and will follow up with you as soon as possible.
`
`While we get started on your support request, I wanted to confirm if you had the original
`documents that were uploaded to Everlaw? This way we can review the differences
`between the original documents and the documents that were uploaded into Everlaw.
`
`Hope to speak with you soon!
`
`All the best,
`
`Aaron K. Long
`
`Everlaw
`Customer Support Specialist I
`
`Learn about Everlaw and register for live training sessions in our Training Center
`
`James Ponce
`Jan 4, 2023, 9:49 AM PST
`
`Everlaw support,
`
`We received the below comments on documents we provided to counsel back in November 23,
`2021. Please note that we furnished the documents to counsel as individual PDFs using the
`Everlaw document ID numbers to identify them.
`
`There appears to be issues with individual documents in the production, including:
`1. Documents that are simply blank pages. E.g., #13626.1, #33658.1, #34302.1,
`
`5
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`

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`Case 5:18-md-02834-BLF Document 834-1 Filed 01/05/23 Page 7 of 7
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`#34375.1, #34356.1.
`2. Documents that are incomplete, as they appear to be only excerpts and missing
`portions of the document. E.g., #2622.1, #20913.1, #24721.1, #31219.1, #32411.1.
`
`When I investigated this, I noted that these were largely the type of child attachment
`ATT000#.htm. Can you please address for us why these files appear this way in the documents?
`
`Thanks!
`
`Jim Ponce
`
`James Ponce
`Paralegal, Stubbs Alderton & Markiles, LLP
`818.444.9275 (voice/text/fax) | jponce@stubbsalderton.com
`www.stubbsalderton.com
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`
`The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named
`above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the
`reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are
`hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this
`message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete
`the original message.
`
`This email is a service from Everlaw. Delivered by Zendesk.
`
`[EPO85L-3Z66R]
`
`6
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