Case 5:18-md-02834-BLF Document 869-7 Filed 04/19/23 Page 1 of 3
`
`
`
`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 THOMAS M.
`ROBINS, III 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.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`
`Defendants,
`
`
`PERSONALWEB TECHNOLOGIES, LLC,
`and LEVEL 3 COMMUNICATIONS, LLC,
`
`Plaintiffs,
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
`
`
`i
`
`Case No. 5:18-md-02834-BLF
`
`4900992v1 | 101334-0002
`ROBINS 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
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
`
`LOS ANGELES, CALIFORNIA 90017‐2427 
`
`(323) 852‐1000 
`
`

`

`Case 5:18-md-02834-BLF Document 869-7 Filed 04/19/23 Page 2 of 3
`
`
`
`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 this Court. I am a shareholder of Frandzel Robins Bloom & Csato, L.C.,
`attorneys of record for Third Parties Brilliant Digital Entertainment, Inc. (“BDE”) and Monto
`Holdings Pty, Ltd. (“Monto”). If called as a witness, I could and would testify to the following
`based on my own personal knowledge.
`2.
`I personally became actively involved in this case in March 2022. Thus, I have no
`personal knowledge about the events and communications that occurred between our clients, my
`colleagues Michael Gerard Fletcher, Craig Welin and/or Bruce Poltrock, and the Stubbs Alderton
`firm (“SAM”) and Jeffrey Gersh back in April 2021.
`3.
`Since Amazon began its efforts to compel production of the materials that are
`included in our client’s privilege log (see Amazon’s original Exhibit A filed with the Joint
`Statement, Dkt. 860-2, color coded Orange (Gersh emails) and Yellow (non-Gersh Emails), I have
`been speaking with Jeffrey Gersh of SAM regarding the events that occurred in late March
`through late April 2021 that are reflected in the Bermeister, Neumann, Dyne, Markiles, Fletcher
`and Welin declarations filed concurrently herewith and the matters that are the subject of
`Amazon’s current motion.
`4.
`Following the issuance of the Court’s Order, Dkt. 862, I emailed and spoke with
`Mr. Gersh about providing a declaration addressing the issues raised by the motion. Mr. Gersh
`stated that he was reluctant to provide a declaration. On Saturday, April 8, 2023, I was telephoned
`by Michael A. Sherman of SAM who told me that, on the advice of counsel, Mr. Gersh would not
`be providing a declaration.
`5.
`On the afternoon of Monday, April 18, 2023, I was told by Kevin Bermeister and
`later, Murray Markiles, that Mr. Gersh was now willing to consider a declaration but that he was
`in New Orleans in depositions all that day and would be on April 19th, as well.
`6.
`I attempted to reach Mr. Gersh the evening of April 18th and commencing at 5:30
`a.m., my time, the morning of April 19th, both unsuccessful. At 8:15 a.m., I received a call from
`Mr. Sherman who told me that Mr. Gersh would not be able to provide a declaration today
`1
`Case No. 5:18-md-02834-BLF
`4900992v1 | 101334-0002
`ROBINS 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
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
`
`LOS ANGELES, CALIFORNIA 90017‐2427 
`
`(323) 852‐1000 
`
`

`

`Case 5:18-md-02834-BLF Document 869-7 Filed 04/19/23 Page 3 of 3
`
`
`
`because of his schedule. I requested that he consider providing a declaration tomorrow, April
`20th, which I would file with the Court, albeit beyond the opposition deadline set by the Court.
`7.
`As of the time of signing this declaration I do not know whether such a declaration
`from Mr. Gersh will be forthcoming, but if I receive one, it will be filed with the Court.
`I declare under penalty of perjury under the law of the United States that the forgoing is
`true and correct.
`Executed this 19th day of April, 2023 at Los Angeles, California.
`
`
`
`
`
`
`
`
`
`THOMAS M. ROBINS III
`
`
`
`
`Case No. 5:18-md-02834-BLF
`2
`4900992v1 | 101334-0002
`ROBINS 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
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`FRANDZEL ROBINS BLOOM & CSATO, L.C. 
`
`1000 WILSHIRE BOULEVARD, NINETEENTH FLOOR 
`
`LOS ANGELES, CALIFORNIA 90017‐2427 
`
`(323) 852‐1000 
`
`