Case 5:18-md-02834-BLF Document 851 Filed 02/13/23 Page 1 of 2
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`JEFFREY F. GERSH
`Partner
`Phone/Text
`Mobile
`E-Mail
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`818.444.4222
`310.780.9898
`jgersh@stubbsalderton.com
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`February 13, 2023
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`BY ELECTRONIC FILING
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`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:
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`On November 9, 2022, this Court issued its Order Following November 9, 2022
`Discovery Hearing (Dkt.799),
`instructing SAM
`to provide certain documents
`to
`PersonalWeb’s current counsel, Lewis Roca Rothgerber Christie, LLP
`(“Lewis
`Roca”). Thereafter SAM has participated in proceedings before this Court and has furnished
`documents to its former client PersonalWeb, through its current counsel Lewis Roca. As SAM
`previously advised the Court and counsel, in addition to furnishing approximately 50,000
`documents to Lewis Roca, SAM determined that there were some number of documents that
`either, (a) did not belong to PersonalWeb or belonged to other clients of SAM, (b) are SAM
`work product not shared with PersonalWeb’s directors, officers or employees, (c) are the
`product of Europlay Capital Advisors, LLC whom we understand provided confidential
`litigation consulting services to outside litigation counsel representing PersonalWeb over the
`years, or (d) are otherwise not responsive. (Dkt. 843.) As a result of SAM’s continuing review
`and activities up through February 10, 2023, SAM determined that the number of documents
`falling within each of said categories (a) through (d) were more correctly approximately: (a)
`2600; (b) 9200; (c) 4875; and, (d) 3860.[1] A single document may have multiple codes
`associated with it.
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`[1] In partial explanation of the changes in the number of documents in the categories above,
`(as compared to the prior letter to this Court dated January 31, 2023 (Dkt. 843), SAM
`discovered in its further review of documents within categories (a) through (d), that
`approximately 167 documents in categories (b) and (c) were duplicates and provided to
`Lewis Roca eight separate times. The approximate 1335 documents have subsequently been
`removed from the above categories.
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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, CA 90401
`office > 310.746.9800 * fax > 310.395.5292
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`Case 5:18-md-02834-BLF Document 851 Filed 02/13/23 Page 2 of 2
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` The Honorable Susan van Keulen, Magistrate Judge
`February 13, 2023
`Page 2
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`In certifying its compliance with the Court orders and completion of the process that
`the Court has supervised, SAM advises the Court that (1) for purposes of category (d) there
`are 11 documents within that category which were sent from the domain @pweb.com, where
`from the context of the communication clearly the sender of the e-mail mistakenly used the
`@pweb.com domain and thus were unresponsive, and (2) for purposes of categories (a) and
`(c), as SAM had previously apprised the Court, it has communicated the results of those
`specific categories to counsel for the secured creditors, and anticipates that proceedings and
`activities, if any, involving said categories (a) and (c) would involve counsel for the secured
`creditors but not SAM.
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`SAM has completed furnishing PersonalWeb documents to Lewis Roca and intends to
`shortly shut down its Everlaw database containing the entire universe of documents that it
`reviewed from the various repositories to avoid continuing to incur monthly charges.
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` STUBBS, ALDERTON & MARKILES, LLP
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`Respectfully submitted,
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`By: /s/ Jeffrey F. Gersh
`Michael A. Sherman
`Jeffrey F. Gersh
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`cc: Michael A. Sherman, Esq.
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