Case 5:18-md-02834-BLF Document 837 Filed 01/17/23 Page 1 of 3
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`JEFFREY F. GERSH
`Partner
`Phone/Fax/Text 818.444.9222
`Mobile
`310.780.9898
`E-Mail
`jgersh@stubbsalderton.com
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`January 17, 2023
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`BY ELECTRONIC FILING
`
`The Honorable Susan van Keulen, Magistrate Judge
`United State District Court for the Northern District of California
`San Jose Courthouse, Courtroom 6 – 4th Floor
`280 South 1st Street
`San Jose, CA 95113
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`Re:
`
`In Re Personal Web Technologies, LLC et al., Patent Litigation
`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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`Dear Judge van Keulen:
`
`Pursuant to the direction of this Court at the hearing on January 5, 2023, and your
`subsequent court order dated January 9, 2023, (“Order”) following the hearing (Dkt. 836),
`Stubbs Alderton & Markiles, LLP (“SAM”) respectfully submits this letter brief per the
`Court’s direction to respond to those issues set forth in the Order.
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`Our team, including Mr. Sherman, has spent hundreds of hours reviewing documents
`and data on various computer drives. In fact, Mr. Sherman worked almost every day while
`he was on a preplanned vacation over the holidays, out of the county, to provide information
`and documents to counsel for PersonalWeb and to meet the deadlines imposed by this Court.
`While SAM is working very hard to comply with the January 20th date imposed by the Court,
`it is possible it may take SAM additional time to complete the review, which we anticipate
`will be completed on or before January 25.
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`Summary of Action Items Order by the Court
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`Action Item No. 3.
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`The initial search parameters searched 29 SAM mailboxes for keywords “personalweb”,
`“personal web”, “ pw ” or “ pw.” In addition, the search also had to include one of the following
`participants: anything@brilliantdigital.com, anything@pweb.com,
`anything@ronaldrichards.com, mmarkiles@ecamail.com, kbermeister@altnet.com,
`kbermeister@bde3d.com, kevin.bermeister@adfreeway.com, kevberm@gmail.com, and
`kevin@thejdfund.com. However, the original search parameters did not capture the 4 emails in
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`15260 Ventura Boulevard, 20th Floor * Sherman Oaks, California 91403
`office > 818.444.4500 * fax > 818.444.4520
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`1316 3rd Street Promenade, Suite 107 * Santa Monica, California 90401
`office > 310.746.9800 * fax > 310.395.5292
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`Case 5:18-md-02834-BLF Document 837 Filed 01/17/23 Page 2 of 3
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`The Honorable Susan van Keulen, Magistrate Judge
`January 17, 2023
`Page 2
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`question. After we became aware that the search conducted by Mr. Markiles separately resulted
`in emails that were not captured by SAM, the search parameters were modified to include
`participants “@shrwood.com” and “@sharmannetworks.com” which located one of the emails.
`SAM then further modified the original search parameters to include only key words (i.e.
`“personalweb”, “personal web”, “ pw ” or “ pw.”) without requiring a participant which resulted
`in locating the 3 additional emails.
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`Action Item No. 4: the Court required SAM to identify the problem parameters and
`propose a timeline for resolution related to the McKool Smith hard drive and the Stubbs’s
`Alderton Santa Server.
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`McKool Smith Hard Drive: The McKool Smith hard drive contains several different
`folders comprised of information and data from prior litigation matters involving PersonalWeb
`which SAM was not involved. Part of this hard drive, the S-Drive, contains 270 GBs or 85,000
`files which are comprised of, discovery, deposition transcripts, patent and file histories, trial
`exhibits, much of which appears to be unsharred work product, as well as pleadings which Lewis
`Roca did not ask to be furnished to it. Other folders on this hard dive include (i) Net Documents
`- which consists of 4.2 GBs containing approximately 5,500 files; (ii) Outlook .pst files (emails)
`which consists of approximately 1GB and contains approximately 3000 emails and documents;
`(iii) two separate load files XERA which is approximately 22GB and contains approximately
`250,00 files and (iv) Introspect which is approximately 28GB and contains approximately
`415,000 files. The hard drive also contains certain program files and other unsearchable files.
`After ingesting the documents that SAM could into the eDiscovery database SAM is utilizing,
`the Outlook .pst files were reviewed the results of which will be provided by January 20 to Lewis
`Roca. SAM is in the process of reviewing for ownership the remainder of the documents under
`the established parameters, which are the property of PersonalWeb, and anticipates furnishing
`those documents to Lewis Roca, on or before Monday January 25. Upon completion of the
`review of the additional files mentioned above, SAM anticipates that any documents that should
`be provided to Lewis Roca will be provided on or before January 25 as well. SAM’s team has
`been working every day on ingesting, reviewing and identifying documents and the sheer volume
`of documents necessitate the additional time to provide same to Lewis Roca.
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`SAM Santa Server: Among other repositories at SAM containing PersonalWeb
`documents, many of SAM’s client files with respect to the litigation it was involved in, reside on
`a server located in SAM’s Santa Monica office, which is commonly referred to as the “Santa
`Server”. SAM has ingested into its eDiscovery database over 700,000 documents to review for
`ownership by entities other than PersonalWeb, attorney-client privilege and unshared work-
`product. Approximately 420,000 documents relate to the production of documents previously
`exchanged between parties during the PersonalWeb Technologies, LLC et al, patent litigation.
`SAM anticipates this review will be completed shortly and the documents provided to Lewis
`Roca on or before January 25, although Lewis Roca indicated it did not need the documents that
`were produced in the PersonalWeb litigation. Once again, the reason for this additional time is
`necessitated by the sheer volume of the documents being reviewed and the amount of time it is
`taking to review the documents.
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`Case 5:18-md-02834-BLF Document 837 Filed 01/17/23 Page 3 of 3
`
`The Honorable Susan van Keulen, Magistrate Judge
`January 17, 2023
`Page 3
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`Net Docs: Additionally, SAM also stores documents in a program entitled NetDocs,
`which is a document management system used by SAM in connection with its firm clients.
`There are approximately 1300 documents within a correspondence folder yet to be reviewed,
`although they have been ingested in SAM’s eDiscovery data base and are in the review process.
`NetDocuments was not mentioned at the hearing on January 5, but are being included in SAM’s
`review for documents that may be provided to Lewis Roca. Such documents should be provided
`to Lewis Roca on or before January 25. Additionally, SAM is reviewing the Net Docs
`management system for any other documents that are not unshared SAM work-product other than
`Court pleadings, ECF notices, transcripts of proceedings and documents already produced in the
`underlying litigation, and will furnish any other responsive documents to Lewis Roca on or
`before January 25. Once again, the reason for this additional time is necessitated by the sheer
`volume of the documents being reviewed and the amount of time it is taking to review the
`documents.
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`Action Item No. 5: the Court asked that SAM identify the parameters of the problem,
`including the number of documents at issue, and propose a timeline for resolution regarding the
`documents that SAM has a good faith belief either do not belong to Personal Web or implicate
`privileges held by third parties. This is answered above. SAM will cooperate with counsel for
`PersonalWeb and counsel for the secured creditors to provide data that may be required by either,
`to comply with orders of this Court.
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`Respectfully submitted.
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`STUBBS ALDERTON & MARKILES, LLP
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`Jeffrey F. Gersh
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`JFG:abm
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