Case 5:18-md-02834-BLF Document 869-12 Filed 04/19/23 Page 1 of 3
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`
`
`Thomas M. Robins III (State Bar No. 054423)
` trobins@frandzel.com
`Michael Gerard 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
`
`Attorneys for Third Parties BRILLIANT
`DIGITAL ENTERTAINMENT, INC., and
`MONTO HOLDINGS PTY LTD
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
`
`
` Case No. 5:18-md-02834-BLF
`
`Case No. 5:18-cv-00767-BLF
`
`Case No. 5:18-cv-05619-BLF
`
`DECLARATION OF CRAIG A. WELIN
`IN SUPPORT OF BDE AND MONTO
`OPPOSITION TO AMAZON’S MOTION
`TO COMPEL PRODUCTION OF
`DOCUMENTS OF THIRD PARTIES
`BDE/MONTO WITHHELD AS
`PRIVILEGED (Dkt 860, 862, 864)
`
`
`
`IN RE: PERSONAL WEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`
`Plaintiffs
`
`v.
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`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`
`Defendants,
`
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiffs,
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
`
`
`
`
`
`
`
`
`Case No. 5:18-md-02834-BLF
`1
`4886580v1 | 101334-0002
`WELIN DECLARATION IN SUPPORT OF BDE AND MONTO OPPOSITION TO AMAZON’S MOTION TO
`COMPEL PRODUCTION OF DOCUMENTS OF THIRD PARTIES BDE/MONTO WITHHELD AS PRIVILEGED
`
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`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
`
`LOS ANGELES, CALIFORNIA 90017‐2427 
`
`(323) 852‐1000 
`
`

`

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`Case 5:18-md-02834-BLF Document 869-12 Filed 04/19/23 Page 2 of 3
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`I, Craig A. Welin declares:
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`1.
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`I am an attorney at law, duly licensed to practice law before all of the Courts of the
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`3 State of California and am a shareholder in Frandzel Robins Bloom & Csato, L.C. ("FRBC"),
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`4 attorneys for the Third Parties, Brilliant Digital Entertainment, Inc. ("BDE") and Monto Holdings
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`5 Pty, Ltd. ("Monto"). If called as a witness, I could and would testify to the following based on my
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`6 own personal knowledge.
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`2.
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`On April 2, 2021 , I received a telephone call from Ron Bender of Levene, Neale,
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`Bender, Yoo and Golubchik, LLP, alerting me that they were referring a potential new matter from
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`a company named Brilliant Digital Entertainment and told me that the potential contact would be
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`Anthony Neumann, Murray Markiles and/or Jeffrey Gersh.
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`3.
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`At approximately 5:00 p.m. that day, I receive an email from Mr. Neumann, copied
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`to Messrs. Gersh and Markiles at the Stubbs Alderton Markiles firm ("SAM"), a copy of which is
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`attached to the Declaration of Michael Gerard Fletcher as Exhibit 1, which states:
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`Hi Craig:
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`Ron Bender recommended I reach out to you per his email below.
`Stubbs Alderton, Markiles, the law firm we have worked with for
`decades, has worked closely with Ron for many years but his team is
`currently unavailable for immediate work.
`
`The company I work for, Brilliant Digital Entertainment, is a lender
`to a company that is the subject of an attorney' s fees judgment. We
`would like to engage you for this matter.
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`Can we get on the phone at your earliest convenience? At the very
`least, I would like to set up a call for Monday at a suitable time for
`you.
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`4.
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`After receiving this email, I forward same to my litigation partner, Michael
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`Fletcher. I thereafter participated in calls with Messrs. Neumann, Gersh, Markiles and Fletcher
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`the following Monday, April 5, and later during that week and was party to email communications
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`with them during that time and through the month of May 2021.
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`5.
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`From approximately the end of May 2021 , I ceased active involvement in the case,
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`although I continued to be either a party to or a cc.on emails that included these individuals.
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`6.
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`At this time, two years later, beyond the statement in Mr. Neumann's April 2 email,
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`Case No. 5:18-md-02834-BLF
`2
`4886580vl I 101 334-0002
`WELIN DECLARATION IN SUPPORT OF BDE AND MONTO OPPOSITION TO AMAZON'S MOTION TO
`COMPEL PRODUCTION OF DOCUMENTS OF THlRD PARTIES BDE/MONTO WITHHELD AS PRIVILEGED
`
`

`

`Case 5:18-md-02834-BLF Document 869-12 Filed 04/19/23 Page 3 of 3
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`1 I have no specific recollection of discussions that expressly addressed the subject of what party
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`2 Mr. Gersh represented for purposes of these discussions or emails. However, I recall nothing
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`3 being stated or suggested that was inconsistent with the statement in Mr. Neumann's email of
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`4 April 2 that the SAM firm, with which Mr. Gersh was affiliated, had for a long time been counsel
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`5
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`to BDE on various matters.
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`I declare under penalty of perjury under the laws of the United States of America that the
`.D
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`foregoing is true and correct and that this declaration was executed this _t--_ day of April, 2023, at
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`9
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`Ventura County, California.
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`Case No. 5:18-md-02834-BLF
`3
`4886580v l I 101334-0002
`WELlN DECLARATION 1N SUPPORT OF BDE AND MONTO OPPOSITION TO AMAZON'S MOTION TO
`COMPEL PRODUCTION OF DOCUMENTS OF THIRD PARTIES BDE/MONTO WITHHELD AS PRJVILEGED
`
`