Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 1 of 6
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`Robert M. Charles, Jr. (admitted pro hac vice)
`RCharles@lewisroca.com
`Patrick Emerson McCormick (CA Bar #307298)
`PMcCormick@lewisroca.com
`Lewis Roca Rothgerber Christie LLP
`One South Church Avenue, Suite 2000
`Tucson, AZ 85701-1611
`Tel: 520.622.2090
`Fax: 520.622.3088
`
`Attorneys for PersonalWeb Technologies, LLC
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`CASE NO. 5:18-md-02834-BLF
`Case No. 5:18-cv-0767-BLF
`Case No. 5:18-cv-05619-BLF
`DECLARATION OF PATRICK
`EMERSON MCCORMICK IN
`SUPPORT OF PERSONALWEB
`TECHNOLOGIES, LLC’S
`SUPPLEMENTAL RESPONSE TO
`AMAZON.COM, INC.’S MOTION
`FOR FURTHER SUPPLEMENTAL
`FEES REQUEST
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`
`IN RE PERSONALWEB
`TECHNOLOGIES, LLC, ET., AL.,
`PATENT LITIGATION,
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`AMAZON.COM, INC. and AMAZON
`WEB SERVICE, INC.,
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`v.
`PERSONALWEB TECHNOLOGIES,
`LLC, et al.,
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`PERSONAL WEB TECHNOLOGIES,
`LLC, et al.,
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`v.
`TWITCH INTERACTIVE, INC.,
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`Defendant.
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`Plaintiffs,
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`Defendants.
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`Plaintiffs
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
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`123045624.2
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` 5:18-MD-02834-BLF, 5:18-CV-0767-
`BLF, 5:18-CV-05619-BLF
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`Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 2 of 6
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`DECLARATION OF PATRICK EMERSON MCCORMICK
`I, Patrick Emerson McCormick, am an associate at the law firm of Lewis Roca
`Rothgerber Christie LLP, counsel of record for PersonalWeb Technologies, LLC. I submit
`this declaration in support of PersonalWeb’s Supplemental Response to the Further
`Supplemental Fees Request of Amazon.com, Inc., Amazon Web Services, Inc., and Twitch
`Interactive, Inc. I have personal knowledge of the facts stated herein, and could testify
`competently to them if called to do so.
`Attached hereto as Exhibit A are excerpts from Dkts. 873-4 and 874-2, the
`1.
`entries from Amazon’s counsel from Fenwick & West and Steptoe & Johnson, respectively.
`On these excerpts, I have highlighted the entries PersonalWeb challenges as unrecoverable
`by Amazon on the ground that they were incurred in Amazon’s pursuit of alter ego liability
`against third parties unnamed in this action.
`Attached hereto as Exhibit B is a spreadsheet containing only the entries from
`2.
`Ex. A that I highlighted. I added a new column, “Adjusted Amount,” to reflect each entry’s
`total based on Amazon’s reduced hourly rates as identified in Dkt. 873 at 6-7. The Adjusted
`Amount column also removes fees incurred by any timekeeper that billed fewer than 30
`hours and for which Amazon does not seek to recover, as identified in Dkt. 873, § 11. The
`adjusted total that PersonalWeb seeks to exclude from Amazon’s supplemental attorneys’
`fees award on the ground that they were incurred in pursuit of alter ego claims against
`unnamed third parties is $566,411.51.
`3.
`On November 10, 2022, I received an email from Amazon’s counsel
`following our telephonic meet and confer in which Amazon’s counsel outlined the priority
`categories Amazon sought to obtain from PersonalWeb’s prior counsel, Stubbs Alderton &
`Markiles. A true and correct copy of this email is attached hereto as Exhibit C.
`4.
`On Friday, November 17, 2023, I received an email from Amazon’s counsel
`requesting the entries PersonalWeb sought to exclude from Amazon’s supplemental
`attorneys’ fees award as counsel needed “some lead time to get a timely response from
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`MCCORMICK DECLARATION IN SUPPORT OF SUPPLEMENTAL RESPONSE
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`123045624.2
`BLF, 5:18-CV-05619-BLF
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
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`Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 3 of 6
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`Amazon.” A true and correct copy of this email is attached hereto as Exhibit D at 10. Due
`to the limitations of printing emails from Outlook, emails sent by me are in PST, while
`emails sent by Amazon’s counsel are in MST.
`5.
`In the interest of resolving this issue via stipulation instead of formal briefing,
`I rearranged my workflow to accommodate Amazon’s request and provided those entries
`later that same day. A true and correct copy of this email is attached hereto as Ex. D at 8.
`6.
`Amazon’s counsel reminded me that Amazon had provided itemized lists of
`the entries it had already waived, which I had forgotten to check in my rush to accommodate
`Amazon’s request. On Saturday evening, November 18, 2023, I provided Amazon with an
`updated list in which I removed three entries totaling less than $3,000 as duplicative of
`entries Amazon had already waived. A true and correct copy of this email is attached hereto
`as Ex. D at 6-7.
`7.
`Amazon’s counsel did not respond to PersonalWeb’s list of entries
`PersonalWeb sought to exclude from Amazon’s supplemental attorneys’ fees until I
`followed up with them on Monday, November 20, 2023 asking if Amazon was interested
`in stipulating to a number. A true and correct copy of this email is attached hereto as Ex. D
`at 6.
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`8.
`Amazon’s response that same day did not respond to the list of entries it had
`requested I expedite, nor did it offer a proposed dollar amount or percentage of fees. Rather,
`Amazon asserted legal arguments and offered a framework for which Amazon did not
`provide any actual dollar amounts. A true and correct copy of this email is attached hereto
`as Ex. D at 6.
`9.
`I initiated attempts to contact my client after receiving Amazon’s offer of a
`framework. I was unable to reach my client.
`10.
`I reiterated my request for a specific dollar amount or for Amazon to identify
`entries to which it objected, as the timing now provided me with only one day of lead time
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`MCCORMICK DECLARATION IN SUPPORT OF SUPPLEMENTAL RESPONSE
` 5:18-MD-02834-BLF, 5:18-CV-0767-
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`123045624.2
`BLF, 5:18-CV-05619-BLF
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
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`Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 4 of 6
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`to communicate with PersonalWeb. A true and correct copy of this email is attached hereto
`as Ex. D at 3.
`11. Amazon responded twice. First, it stated that its proposals “would work out
`to something like 180k-300k.” A true and correct copy of this email is attached hereto as
`Ex. D at 5. Second, Amazon reiterated its legal arguments and its objection to deduction on
`the grounds at issue. A true and correct copy of this email is attached hereto as Ex. D at 5.
`12.
`I again requested Amazon engage with the materials I had provided three days
`earlier instead of discussing new frameworks. I also identified two errors I had made in my
`initial list of entries I sent to Amazon that were now addressed in the Adjusted Amount
`column of Ex. B. This adjustment reduced the amount to which PersonalWeb objects by
`approximately $136,000. A true and correct copy of this email is attached hereto as Ex. D
`at 4.
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`13.
`Today, Amazon responded with additional legal arguments and reiterated its
`offer to negotiate frameworks instead of numbers. A true and correct copy of this email is
`attached hereto as Ex. D at 3.
`14.
`I responded, stating that Amazon had not allowed for sufficient time to
`negotiate for a new framework and, given its delay in responding to PersonalWeb’s list it
`requested, there may be insufficient time to negotiate any stipulation before the
`Supplemental Response was due. A true and correct copy of this email is attached hereto as
`Ex. D at 2-3.
`15.
`In a crossing email, Amazon responded to its own email offering to discuss
`either of Amazon’s proposals. Amazon also requested that if the Parties were unable to
`settle this today, that I include this email discussion with today’s submission. A true and
`correct copy of this email is attached hereto as Exhibit E at 1. Due to the crossing emails,
`the email in Ex. E is not included in the full chain in Ex. D, and as such I have only included
`its first page to avoid a duplicative record.
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`MCCORMICK DECLARATION IN SUPPORT OF SUPPLEMENTAL RESPONSE
` 5:18-MD-02834-BLF, 5:18-CV-0767-
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`123045624.2
`BLF, 5:18-CV-05619-BLF
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`Tucson, AZ 85701-1611
`One South Church Avenue, Suite 2000
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`Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 5 of 6
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`16.
`In our final discussion, I reiterated to Amazon that I never disputed that
`Amazon had made an offer, just that it was an unworkable offer given the time constraints
`imposed by Amazon’s tardy response to PersonalWeb’s list of contested entries. A true and
`correct copy of this email is attached hereto as Ex. D at 1.
`17.
`I was unable to reach my client until approximately 3pm PST today.
`PersonalWeb was unable to decide on Amazon’s offer on such short notice but wants to
`continue discussions to potentially reach a mutually agreeable dollar amount following this
`filing.
`I declare under penalty of perjury under the laws of the United States that the foregoing
`is true and correct. Executed in Pima County, Arizona on this day, November 21, 2023.
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`Dated this 21st day of November, 2023.
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`LEWIS ROCA ROTHGERBER CHRISTIE LLP
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`By: /s/ Patrick Emerson McCormick
`Robert M. Charles, Jr.
`Patrick Emerson McCormick
`Attorneys for
`PersonalWeb Technologies, LLC
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`MCCORMICK DECLARATION IN SUPPORT OF SUPPLEMENTAL RESPONSE
` 5:18-MD-02834-BLF, 5:18-CV-0767-
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`123045624.2
`BLF, 5:18-CV-05619-BLF
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`Case 5:18-md-02834-BLF Document 911 Filed 11/21/23 Page 6 of 6
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`PROOF OF SERVICE
`I, Renee Creswell, declare:
`I am a citizen of the United States and employed in Pima County, Arizona. I am
`over the age of eighteen years and not a party to the within-entitled action. My business
`address is One South Church Avenue, Suite 2000, Tucson, Arizona 85701-1611.
`On November 21, 2023, I electronically transmitted the following document:
`DECLARATION OF PATRICK EMERSON MCCORMICK
`IN SUPPORT OF PERSONALWEB TECHNOLOGIES,
`LLC’S SUPPLEMENTAL RESPONSE TO AMAZON.COM,
`INC.’S MOTION FOR FURTHER SUPPLEMENTAL FEES
`REQUEST
`to the Clerk’s office using the CM/ECF System for filing and served through the Notice of
`Electronic Filing automatically generated by the Court’s facilities.
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`I declare under penalty of perjury under the laws of the State of Arizona that the
`above is true and correct.
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`Executed on November 21, 2023, at Tucson, Arizona.
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`/s/ Renee Creswell
`Renee Creswell
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`MCCORMICK DECLARATION IN SUPPORT OF SUPPLEMENTAL RESPONSE
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