Case 5:18-md-02834-BLF Document 856-1 Filed 03/13/23 Page 1 of 4
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`Thomas M. Robins III (State Bar No. 054423)
`trobins@frandzel.com
`Michael G. Fletcher (State Bar No. 070849)
`mfletcher@frandzel.com
`Bruce D. Poltrock (State Bar No. 162448)
`bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, Nineteenth Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
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`Attorneys for Third Parties
`BRILLIANT DIGITAL ENTERTAINMENT, INC.;
`MONTO HOLDINGS PTY. LTD.
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`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
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`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs
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`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
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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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`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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`DECLARATION OF THOMAS M.
`ROBINS III IN SUPPORT OF
`OPPOSITION OF BRILLIANT
`DIGITAL ENTERTAINMENT, INC. AND
`MONTO HOLDINGS PTY. LTD. TO
`AMAZON'S ADMINISTRATIVE
`MOTION FOR RELIEF FROM
`PROTECTIVE ORDER [DKT. 854]
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`4862482v2 | 101334-0002
`Case No. 5:18-md-02834-BLF
`DECL. OF THOMAS M. ROBINS III ISO OPPO OF BRILLIANT DIGITAL ENTERTAINMENT, INC. &
`MONTO HOLDINGS PTY. LTD. TO AMAZON'S ADMIN. MTN FOR RELIEF FROM PROTECTIVE ORDER
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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`Case 5:18-md-02834-BLF Document 856-1 Filed 03/13/23 Page 2 of 4
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`I, Thomas M. Robins III, declare:
`1.
`I am an attorney at law duly licensed to practice before all of the Courts of the State
`of California and am admitted to practice before this Court. I am a shareholder in Frandzel Robins
`Bloom & Csato, LC ("FRBC"), attorneys for Third Parties Brilliant Digital Entertainment, Inc.
`("BDE") and Monto Holdings, PTY, Ltd. ("Monto") both of which are Secured Lenders to Personal
`Web Technologies, LLC (“PW”). If called as a witness I could and would competently testify to
`the following based on my own personal knowledge.
`2.
`The Receivership Action was filed in State Court in early April 2021. The second
`cause of action (and paragraph 29 of the first cause of action) of Amazon's complaint-in-intervention
`seek to have the loans of the Secured Lenders to PW subordinated to its judgment, based on the
`actions of the Secured Lenders in filing that action and in obtaining appointment of the receiver,
`along with the pre-suit demands on PW. While ¶¶ 10 and 19 of the complaint-in-intervention
`vaguely reference “chameleon-like” conduct of PW aimed at “thwarting” Amazon’s judgment
`collection efforts (citing to Exh. A to the complaint-in-intervention (Lavin Decl., Exh. 2), by
`definition, such conduct had to have occurred after the judgment was ordered, which occurred
`March 2, 2021. The anti-SLAPP motions seek to strike those allegation which, by definition, relate
`to conduct from April 2021 to the present regarding the prosecution of the Receivership Action. As
`can be seen from Lavin Decl., Exhibit 2 (the complaint-in-intervention) no specific conduct before
`that time is alleged. Yet, with the post-March 2021 period as the relevant time frame for the anti-
`SLAPP motions, the BDE/MONTO/ECA documents identified in the Motion, with the exception of
`two, are all dated prior to 2018 when the PW v. Amazon litigation was filed.
`3.
`Of the two BDE/MONTO/ECA documents that post-date January 1, 2018,
`MONTO000001845 is a list of PW members as of May 2019 (information that has been long known
`to Amazon and never disputed) and BDE00005801 is a portion of a retainer agreement dated June
`16, 2022 (over a year after the receiver was appointed) between Michael Weiss (PW, manager) and
`Lewis Roca, entered into in connection with representation of Mr. Weiss who had been ordered to
`appear before Judge Freeman at a hearing regarding production of PW documents and in connection
`with a subpoena Amazon had served on Mr. Weiss personally, as to which BDE undertook to pay
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`2
`4862482v2 | 101334-0002
`Case No. 5:18-md-02834-BLF
`DECL. OF THOMAS M. ROBINS III ISO OPPO OF BRILLIANT DIGITAL ENTERTAINMENT, INC. &
`MONTO HOLDINGS PTY. LTD. TO AMAZON'S ADMIN. MTN FOR RELIEF FROM PROTECTIVE ORDER
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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`Case 5:18-md-02834-BLF Document 856-1 Filed 03/13/23 Page 3 of 4
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`the fees incurred by Mr. Weiss. Amazon cites this document -- not for anything having to do with
`its allegations of collusion and nefarious conduct in the Receivership Action -- but because it
`supposedly evidences BDE directly paying PW expenses. (As the Court knows, after Lewis Rocha's
`appearance for Mr. Weiss at the District Court's hearing, that firm has substituted into these post-
`judgment proceedings as counsel for PW and is paid through the Receivership.)
`4.
`The bulk of the rest of the BDE/MONTO/ECA documents identified in the Motion
`are from 2010–2013, with a smattering from 2014-2017, and largely relate to private financial
`information.
`5.
`Certain of the PWEB documents include documents noted as "PRIV" or "SAM"
`(referring to the Stubbs firm). Of concern here is that although there has been a privilege waiver
`ordered as to PW in this litigation, Amazon provides no authority or argument that such a waiver
`would carry over into any State Court proceedings.
`6.
`Amazon also seeks release of an August 22, 2019 deposition transcript of Kevin
`Bermeister, BDE CEO and non-executive chairman of PW, that was taken over a year and a half
`before the events commencing in April 2021. However, this transcript contains 207 pages of
`testimony, and Amazon cites no specific pages and makes no showing of relevance of any portion
`thereof to the anti-SLAPP motions or to any portion thereof.
`I declare under penalty of perjury under the laws of the United States and California that
`the foregoing is true and correct.
`Executed at Los Angeles, California, March 13, 2023.
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` THOMAS M. ROBINS III
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`3
`4862482v2 | 101334-0002
`Case No. 5:18-md-02834-BLF
`DECL. OF THOMAS M. ROBINS III ISO OPPO OF BRILLIANT DIGITAL ENTERTAINMENT, INC. &
`MONTO HOLDINGS PTY. LTD. TO AMAZON'S ADMIN. MTN FOR RELIEF FROM PROTECTIVE ORDER
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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`

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`Case 5:18-md-02834-BLF Document 856-1 Filed 03/13/23 Page 4 of 4
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`PROOF OF SERVICE
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`5:18-md-02834-BLF
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`I, the undersigned, declare and certify as follows:
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`I am over the age of eighteen years, not a party to the within action and employed in the
`County of Los Angeles, State of California. I am employed in the office of Frandzel Robins
`Bloom & Csato, L.C., members of the Bar of the above-entitled Court, and I made the service
`referred to below at their direction. My business address is 1000 Wilshire Boulevard, Nineteenth
`Floor, Los Angeles, CA 90017-2427.
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`On March 13, 2023, I served true copy(ies) of the DECLARATION OF THOMAS M.
`ROBINS III IN SUPPORT OF OPPOSITION OF BRILLIANT DIGITAL
`ENTERTAINMENT, INC. AND MONTO HOLDINGS PTY. LTD. TO AMAZON'S
`ADMINISTRATIVE MOTION FOR RELIEF FROM PROTECTIVE ORDER [DKT. 854],
`the original(s) of which is(are) affixed hereto. to the party(ies) listed below.
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`TODD R. GREGORIAN
`CHRISTOPHER S. LAVIN
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Tel: 650.988.8500
`Fax: 650.938.5200
`Email: tgregorian@fenwick.com
`Email: clavin@fenwick.com
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`MARK HOLSCHER
`MICHAEL SHIPLEY
`KIRKLAND & ELLIS LLP
`555 South Flower Street
`Los Angeles, CA 90071
`Tel: (213) 680-8400
`Email: mark.holscher@kirkland.com
`Email: michael.shipley@kirkland.com
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`BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s)
`with the Clerk of the Court by using the CM/ECF system. Participants in the case who are
`registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are
`not registered CM/ECF users will be served by mail or by other means permitted by the court
`rules.
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`I declare under penalty of perjury under the laws of the State of California and the United
`States of America that the foregoing is true and correct.
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`Executed on March 13, 2023, at Los Angeles, California.
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`Annette Chase
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`4
`4862482v2 | 101334-0002
`Case No. 5:18-md-02834-BLF
`DECL. OF THOMAS M. ROBINS III ISO OPPO OF BRILLIANT DIGITAL ENTERTAINMENT, INC. &
`MONTO HOLDINGS PTY. LTD. TO AMAZON'S ADMIN. MTN FOR RELIEF FROM PROTECTIVE ORDER
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`(323) 852‐1000 
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`LOS ANGELES, CALIFORNIA 90017‐2427 
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`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
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