Case 5:18-md-02834-BLF Document 883-1 Filed 06/27/23 Page 1 of 3
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`Mark Holscher (SBN 139582)
`mark.holscher@kirkland.com
`Michael Shipley (SBN 233674)
`michael.shipley@kirkland.com
`KIRKLAND & ELLIS LLP
`555 South Flower Street
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
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`Attorneys for Third Parties Europlay
`Capital Advisors, LLC and Claria
`Innovations, LLC
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`UNITED STATES DISTRICT COURT
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`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
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`DECLARATION OF MICHAEL
`SHIPLEY IN SUPPORT OF
`SECURED CREDITORS’
`ADMINISTRATIVE MOTION
`FOR LIMITED INTERVENTION
`FOR THE PURPOSE OF
`OPPOSING FURTHER
`SUPPLEMENTAL FEE REQUEST
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`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,
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`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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`SHIPLEY DECLARATION
`CASE NOS. 5:18-md-02834-BLF, 5:18-cv-00767-BLF, and 5:18-cv-05619-BLF
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`Case 5:18-md-02834-BLF Document 883-1 Filed 06/27/23 Page 2 of 3
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`I, Michel Shipley, am a partner at the law firm of Kirkland & Ellis LLP, counsel of
`record to Europlay Capital Advisors, LLC and Claria Innovations, LLC, who are among
`the Secured Creditors who are moving parties on the Administrative Motion for Limited
`Intervention filed concurrently herewith. I have personal knowledge of the facts stated in
`this declaration, and could and would testify competently to them if called as a witness.
`1.
`Attached hereto as Exhibit 1 is a true and correct copy of a cross-complaint
`filed by Amazon.com, Inc.; Amazon Web Services, Inc.; and Twitch Interactive, Inc, on
`June 20, 2023, in an action in California state court, entitled Europlay Capital Advisors,
`LLC, et al. v. Amazon.com, Inc., No. 23STCV04364 (L.A. Superior Ct., complaint filed
`Feb. 27, 2023).
`2.
`Attached hereto as Exhibit 2 is a true and correct copy of meet and confer
`correspondence concerning the Secured Creditors efforts to obtain Amazon’s consent to
`their limited intervention for the purpose of responding to Amazon’s supplemental fee
`request. As the correspondence shows, Secured Creditors reached out to Amazon in an
`effort to obtain an agreement permitting intervention on a limited basis to be heard on the
`supplemental request, even before Amazon’s supplemental fee request was on file. For
`nearly two months, Amazon insisted on imposing unreasonable and irrelevant conditions
`on its consent to intervention, and it would not agree to any reasonable briefing schedule
`that would permit the intervention issue to be resolved in advance of the hearing on the
`supplemental fee request.
`3.
`Attached hereto as Exhibit 3 is a true and correct copy of Receiver’s Report
`No. 4, filed by the receiver in Brilliant Digital Entertainment, et al. v. Personal Web
`Technologies, LLC, No. 21VECV00575 (L.A. Super. Ct.).
`4.
`It is further my understanding that during a meet and confer call on June 20,
`2023, between respective counsels for the receiver, the Secured Creditors, and Amazon,
`the receiver’s counsel reiterated that the receivership estate had less than $25,000 cash on
`hand, with most of that taken up by accounts already payable.
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`SHIPLEY DECLARATION
`CASE NOS. 5:18-md-02834-BLF, 5:18-cv-00767-BLF, and 5:18-cv-05619-BLF
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`Case 5:18-md-02834-BLF Document 883-1 Filed 06/27/23 Page 3 of 3
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`5.
`I have been informed by PersonalWeb’s counsel that, absent an infusion of
`additional cash into the receivership estate, PersonalWeb likely lacks funds to pay its
`counsel to oppose the Fee Motion.
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`I declare under penalty of perjury that the foregoing is true and correct. Signed at
`Los Angeles, California on this 27th day of June, 2023.
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` /s/ Michael Shipley
` Michael Shipley
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`SHIPLEY DECLARATION
`CASE NOS. 5:18-md-02834-BLF, 5:18-cv-00767-BLF, and 5:18-cv-05619-BLF
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