`
`
`
`
`
`EXHIBIT A
`to Court Order Following Discovery Hearing
`
`
`Party
`
`Action Item
`
`Deadline:
`No later
`than
`
`Further Order by the
`Court
`
`
`
`
`Counsel for BDE has
`reason to believe most
`documents will be
`privileged. If not,
`counsel are to meet and
`confer regarding any
`necessary adjustment to
`production date in
`accordance with this
`Order.
`
`
`
`Personal
`Web
`
`
`BDE
`
`
`1/10/23
`
`
`
`
`
`1/10/23
`
`
`1/17/23
`
`
`
`
`
`
`
`
`1/17/23
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. 8 hard drives currently being
`evaluated by vendor: Report
`findings to Amazon with a
`proposal regarding time
`needed to resolve any issues.
`
`2. Meet and confer with
`Amazon regarding quality-
`control issues, including
`issues with load files.
`
`1. Corrected search to be
`completed and production of
`responsive documents to
`Amazon.
`
`2. If there is a dispute regarding
`BDE’s clawback of 13
`purportedly privileged
`documents, a joint statement
`is to be submitted to the Court
`in accordance with this
`Court’s standing order,
`including the requirement for
`robust meet and confer, and
`the documents to be emailed
`to the
`SVKCRD@cand.uscourts.gov
`for in camera review.
`
`
`
`
`Claria/ECA
`
`
`1. Counsel to determine
`whether Claria/ECA are
`implicated in the corrected
`
`
`1/17/23
`
`
`
`
`
`
`
`
`1
`
`
`
`Case 5:18-md-02834-BLF Document 836-1 Filed 01/09/23 Page 2 of 3
`
`search to be conducted by
`BDE.
`
`2. Production of responsive
`documents from Mr.
`Markilies’ SAM email
`account(s).
`
`
`
`
`
`1/20/23
`
`
`1/10/23
`
`
`
`
`
`1/10/23
`
`
`
`1/17/23
`
`
`
`
`1/17/23
`
`1. Provide Personal Web
`responses to its outstanding
`inquiry regarding as to the
`origin of search terms used to
`identify certain documents.
`
`2. Produce documents from
`corrected search re Claria
`Innovations.
`
`3. Issue which resulted in 4
`missing emails produced by
`ECA but not SAM, to be
`addressed and rectified.
`
`4. In re issues relating to the
`McKool hard drive and Santa
`server, identify the parameters
`of the problem and propose a
`
`2
`
`
`
`
`
`
`
`
`
`SAM
`
`
`
`
`
`
`
`Mr. Markilies is the
`managing agent for both
`Claria and ECA. He is
`also a partner at SAM.
`Amazon presented
`evidence of
`Mr. Markilies using his
`SAM email account(s)
`to conduct business on
`behalf of those entities.
`Mr. Markilies, as a
`SAM partner, even if
`inactive, has control
`over his SAM email
`account(s).
`Accordingly, in
`response to the
`subpoenas on Claria and
`ECA, Mr. Markilies’
`SAM email account(s)
`are to be searched for
`responsive documents.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAM to comply with
`nos. 4 and 5 by
`communicating directly
`with Amazon and filing
`
`
`
`Case 5:18-md-02834-BLF Document 836-1 Filed 01/09/23 Page 3 of 3
`
`a letter brief with the
`Court, not to exceed
`three pages.
`
`timeline for resolution in
`accordance with this Order.
`
`5. In re documents identified
`pursuant to the search terms
`and participants identified at
`the hearing but upon review
`SAM has a good faith belief
`either do not belong to
`Personal Web or implicate
`privileges held by third
`parties, SAM to identify the
`parameters of the problem,
`including the number of
`documents at issue, and
`propose a timeline for
`resolution in accordance with
`this Order.
`
`
`
`
`
`3
`
`
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