Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 1 of 12
`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 1 of 12
`
`EXHIBIT D
`EXHIBIT D
`
`
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 2 of 12
`
`McCormick, Patrick Emerson
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Todd Gregorian <TGregorian@fenwick.com>
`Tuesday, November 21, 2023 12:27
`McCormick, Patrick Emerson
`Christopher Lavin
`RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`
`Thanks Patrick, I have re-sent my last email. I do not think the lead time objection is going to be very
`persuasive with the Court, given that we filed our motion months ago and the Court here is already
`giving PersonalWeb a second chance on an objection that it failed to substantiate in its opposition
`brief. And by your own admission, until the correction late last night PersonalWeb’s calculation was
`hundreds of thousands of dollars off. I can confirm that Amazon’s position is that $500,000 is not a
`correct calculation, even if the Court were to accept PersonalWeb’s objection.
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com
`
`From: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Sent: Tuesday, November 21, 2023 11:15 AM
`To: Todd Gregorian <TGregorian@fenwick.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: RE: conference
`
`
`** EXTERNAL EMAIL **
`Todd,
`
`Perhaps there is a glitch in our communications. I have not received any email from you or Chris offering
`a phone call to discuss, so I worry that I might be missing emails from you. Can you please send again?
`
`Amazon did not provide enough lead time for me to get a response from PersonalWeb before the brief
`was due, so I cannot accept or reject any offer from Amazon. My point is, and has been, that attempting
`to negotiate new frameworks given the timeframe of the deadline of this filing and late timing of
`Amazon’s offer was unlikely to be productive. Amazon had this information for three days, yet failed to
`follow up with an offer until I nudged you the day before.
`
`If I hear from PersonalWeb with a response before I file this brief, I will let you know. Otherwise, I do not
`expect a phone call would be productive as I am not authorized to agree to any proposal from Amazon
`short of the 25%, or approximately $500,000, PersonalWeb originally requested in its Response. If that is
`a proposal you are interested in discussing, please let me know.
`
`Best,
`Patrick
`
`
`
`Patrick Emerson McCormick, CIPP/US
`
`1
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`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 3 of 12
`
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado
`
`
`
`PMcCormick@lewisroca.com
`D. 520.629.4455
`
`
`
`
`
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Tuesday, November 21, 2023 11:59
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`
`Patrick,
`
` I
`
` have provided a dollar range for a compromise, two alternative approaches to the issue that would
`bring us within that dollar range, and just now in a separate email thread offered you a phone call to
`discuss them. Either PersonalWeb is interested in pursuing a discussion along those lines, or it is not. If
`PersonalWeb is only interested in the bottom line and not the principles, that is fine. But please do not
`posture as if Amazon has not made a proposal.
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com
`
`From: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Sent: Tuesday, November 21, 2023 10:41 AM
`To: Christopher Lavin <CLavin@fenwick.com>; Todd Gregorian <TGregorian@fenwick.com>
`Subject: RE: conference
`
`
`** EXTERNAL EMAIL **
`Chris,
`
`Unsurprisingly, PersonalWeb disagrees with Amazon’s characterizations, but that will all be addressed in
`its supplemental response.
`
`I really wish Amazon had gotten back to me earlier than the night before this is due, especially since it
`had PersonalWeb’s list of challenged entries for three days. I only received any proposal from Amazon
`after following up with your office, at which point Amazon sought to define new frameworks for
`negotiation instead of engaging with the content provided by PersonalWeb.
`
`2
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`

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`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 4 of 12
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`Again, if Amazon would like to propose a specific number to which the Parties might stipulate, or
`identify entries to which it objects for PersonalWeb to consider, please let me know. The Parties can still
`resolve this via stipulation after we file PersonalWeb’s Supplemental Response today.
`
`Best,
`Patrick
`
`
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado
`
`
`
`PMcCormick@lewisroca.com
`D. 520.629.4455
`
`
`
`
`
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Tuesday, November 21, 2023 11:22
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>; Todd Gregorian
`<TGregorian@fenwick.com>
`Subject: RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`
`Patrick,
`
`Your position that Amazon has waived its claim for fees that PersonalWeb has falsely deemed as
`incurred solely in pursuit of alter ego claims is unfounded. Amazon argued that fees for “post-judgment
`proceedings” are proper, and more specifically, “fees incurred in the related state court actions,” which
`covers the disputed time entries that PersonalWeb failed to identify in its opposition brief. Reply at 2-
`4. Moreover, the crux of Amazon’s position on further supplemental fees is that a case is viewed as an
`“inclusive whole” and that fees to enforce a judgment, which all these time entries were, are
`recoverable. Id.
`
`Amazon has proposed two principles for coming to agreement on an amount of fees along with an
`approximate amount of fees, depending on which one was used. But so far, PersonalWeb has not
`responded to either proposal and, unfortunately, shown no interest in engaging in a discussion except to
`raise clearly unsupported positions.
`
`Regards,
`Chris
`
`Chris Lavin
`
`3
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`

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`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 5 of 12
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`Fenwick | Associate | +1 415-875-2287 | CLavin@fenwick.com
`
`From: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Sent: Monday, November 20, 2023 8:43 PM
`To: Todd Gregorian <TGregorian@fenwick.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: RE: conference
`
`
`** EXTERNAL EMAIL **
`Todd,
`
`I understand that this is Amazon’s position, but the time to raise these argument was in Amazon’s reply.
`Instead, Amazon made no challenges to the unavailability of fees incurred in pursuit of alter ego claims.
`Instead, it conceded the point and voluntarily waived a small portion of fees related to alter ego claims.
`The attached worksheet simply applies this point to all the fees Amazon incurred in pursuit of alter ego
`liability of the Secured Creditors and discovery related to the same.
`
`I will let you know if PersonalWeb is willing to entertain Amazon’s proposed amounts. In the meantime,
`as I double-check my work, I realized I had made two errors. First, I had copy-pasted the entries from
`the invoices directly without applying Amazon’s discount on its hours. Second, I had included entries
`from individuals who must have billed less than 30 hours during the relevant period, as there are no
`hourly rates provided for them in Dkt. 873 at 6. A new version properly reflecting Amazon’s requested
`rates and excluded individuals is attached. PersonalWeb is now seeking a $566,411.51 reduction in fees.
`
`If Amazon comes to a solid number to which it is willing to stipulate while I wait for a decision from
`PersonalWeb, please let me know, as I do not expect we will have a lot of opportunity for back-and-
`forth tomorrow before I have to finalize this supplemental response.
`
`Best,
`Patrick
`
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado
`
`PMcCormick@lewisroca.com
`D. 520.629.4455
`
`
`
`
`-----Original Message-----
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Monday, November 20, 2023 18:11
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: Re: conference
`
`
`4
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`

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`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 6 of 12
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`CAUTION! [EXTERNAL to Lewis Roca]
`
`To be clear, the suggestion that these billing entries were in support of a separate alter ego case is Mr.
`Shipley’s fantasy. Amazon objects to any deduction on those grounds. Its proposal is following the
`Court’s instruction to settle on an amount to deduct if Personalweb succeeds on its objection.
`
`
`From: Todd Gregorian
`Sent: Monday, November 20, 2023 4:15 PM
`To: McCormick, Patrick Emerson PMcCormick@lewisroca.com
`Cc: Christopher Lavin CLavin@fenwick.com
`Subject: Re: conference
`
`My proposals would work out to something like 180k-300k.
`
`On Nov 20, 2023, at 4:03 PM, McCormick, Patrick Emerson <PMcCormick@lewisroca.com> wrote:
`
`
`** EXTERNAL EMAIL **
`
`Todd,
`
` I
`
` provided you with the entries PersonalWeb believes the Court should deny as they were incurred in
`pursuit of alter ego claims and evidence in support of those claims on Amazon’s requested timeline. If
`Amazon objects to certain entries as not part of Amazon’s alter ego pursuit, or if Amazon wants to
`propose an alternative number for PersonalWeb to consider, please let me know tonight. This does not
`require the Parties to agree to a different framework before discussing numbers.
`
`Best,
`Patrick
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado <image001.png>
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`D. 520.629.4455
`<image002.png>
`
`
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Monday, November 20, 2023 16:29
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>
`Subject: RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`
`5
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`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 7 of 12
`
`________________________________
`Assuming arguendo that the Court were to accept PersonalWeb’s objection that some amount should
`be excluded due to its potential for re-use in the alter ego case (which Amazon continues to contest),
`the amount should be something like 50% of the document review entries only, or some percentage of
`entries dating from after the investors filed the DJ complaint. I am guessing that is a non-starter for
`Pweb, but if we can agree to something in principle, Chris will have an associate or paralegal tie out the
`specifics.
`
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com<mailto:>
`
`From: McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`Sent: Monday, November 20, 2023 3:22 PM
`To: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`** EXTERNAL EMAIL **
`
`Todd, I will need some lead time to discuss Amazon’s position on this with my client before the filing
`deadline tomorrow. Is Amazon interested in stipulating to a number?
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado <image001.png>
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`D. 520.629.4455
`<image002.png>
`
`
`From: McCormick, Patrick Emerson
`Sent: Saturday, November 18, 2023 21:31
`To: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`
`Todd, thanks for flagging that for me. I removed three entries that were included in the entries Amazon
`waived (one for anti-SLAPP and two for alter ego). The updated list is attached.
`
`Please advise if Amazon has a proposal to resolve this before PersonalWeb files the request on Tuesday.
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`
`6
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 8 of 12
`
`Associate
`Admitted in Arizona, California, and Colorado <image001.png>
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`D. 520.629.4455
`<image002.png>
`
`
`From: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Sent: Friday, November 17, 2023 17:10
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`________________________________
`Thank you
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com<mailto:>
`
`From: McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`Sent: Friday, November 17, 2023 4:09 PM
`To: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`** EXTERNAL EMAIL **
`
`Todd, my mistake. In my rush to get this to you today per your request, I forgot that those entries were
`already part of the record. I’ll cross-reference them and make sure none are included in PersonalWeb’s
`request to the Court. I won’t be able to do that until tomorrow night at the earliest, but the list I sent
`you already should give you a good starting point for a conversation with your client.
`
`Patrick Emerson McCormick, CIPP/US
`He|Him|His
`Associate
`Admitted in Arizona, California, and Colorado <image001.png>
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`D. 520.629.4455
`<image002.png>
`
`
`From: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Sent: Friday, November 17, 2023 16:51
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`
`7
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 9 of 12
`
`Subject: RE: conference
`
`CAUTION! [EXTERNAL to Lewis Roca]
`________________________________
`Patrick,
`
`The list of waived entries is already in the district court record. Are you saying you made no comparison
`between this chart and the excluded entries in order to inflate the total and/or pass that work off to
`Amazon? If that is the case, we will just object and inform the Court of that fact. We may also request
`that due to PersonalWeb’s continued game playing Amazon should also be allowed to supplement its
`request now to include fees incurred between March 31, 2023 and present.
`
`Todd Gregorian
`Fenwick | Partner | +1 415-875-2402 | tgregorian@fenwick.com<mailto:>
`
`From: McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`Sent: Friday, November 17, 2023 3:39 PM
`To: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`** EXTERNAL EMAIL **
`
`Todd,
`
`Attached are the entries PersonalWeb believes are related to Amazon's pursuit of alter ego claims
`against the Secured Creditors. I did my best to avoid including anti-SLAPP entries and entries related to
`the state court declaratory relief action that Amazon has already waived. Please let me know if I
`included any entries that Amazon has already waived.
`
` I
`
` hope you have a good weekend. Let me know if Amazon has a proposal to resolve this before
`PersonalWeb files its supplemental request for reduction on Tuesday.
`
`Best,
`Patrick
`
`
`
`Patrick Emerson McCormick, CIPP/US
`
`He|Him|His
`
`Associate
`
`Admitted in Arizona, California, and Colorado
`
`
`8
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 10 of 12
`
`
`
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`
`D. 520.629.4455
`
`
`
`
`
`
`
`
`
`-----Original Message-----
`From: McCormick, Patrick Emerson
`Sent: Friday, November 17, 2023 09:37
`To: 'Todd Gregorian' <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`Subject: RE: conference
`
`
`
`Todd, I will get you PersonalWeb's contested entries as soon as I am able. I will try to make it today, but
`this was an unexpected short deadline on an already-full pre-holiday calendar.
`
`
`
`Patrick Emerson McCormick, CIPP/US
`
`He|Him|His
`
`Associate
`
`Admitted in Arizona, California, and Colorado
`
`
`
`PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>
`
`D. 520.629.4455
`
`
`
`
`
`
`
`9
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 11 of 12
`
`
`
`
`-----Original Message-----
`
`From: Todd Gregorian <TGregorian@fenwick.com<mailto:TGregorian@fenwick.com>>
`
`Sent: Friday, November 17, 2023 09:25
`
`To: McCormick, Patrick Emerson <PMcCormick@lewisroca.com<mailto:PMcCormick@lewisroca.com>>
`
`Cc: Christopher Lavin <CLavin@fenwick.com<mailto:CLavin@fenwick.com>>
`
`Subject: conference
`
`
`
`CAUTION! [EXTERNAL to Lewis Roca]
`
`
`
`Patrick,
`
`Could you shoot us over the identification of entries for the “unsuccessful” discovery motion today? We
`need some lead time to get a timely response from Amazon.
`
`Thanks much
`
`-t
`
`________________________________
`
`This message and any attachments are intended only for the use of the individual or entity to which they
`are addressed. If the reader of this message or an attachment is not the intended recipient or the
`employee or agent responsible for delivering the message or attachment to the intended recipient you
`are hereby notified that any dissemination, distribution or copying of this message or any attachment is
`strictly prohibited. If you have received this communication in error, please notify us immediately by
`replying to the sender. The information transmitted in this message and any attachments may be
`privileged, is intended only for the personal and confidential use of the intended recipients, and is
`covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`________________________________
`
`This message and any attachments are intended only for the use of the individual or entity to which they
`are addressed. If the reader of this message or an attachment is not the intended recipient or the
`employee or agent responsible for delivering the message or attachment to the intended recipient you
`are hereby notified that any dissemination, distribution or copying of this message or any attachment is
`
`10
`
`

`

`Case 5:18-md-02834-BLF Document 911-4 Filed 11/21/23 Page 12 of 12
`
`strictly prohibited. If you have received this communication in error, please notify us immediately by
`replying to the sender. The information transmitted in this message and any attachments may be
`privileged, is intended only for the personal and confidential use of the intended recipients, and is
`covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`________________________________
`
`This message and any attachments are intended only for the use of the individual or entity to which they
`are addressed. If the reader of this message or an attachment is not the intended recipient or the
`employee or agent responsible for delivering the message or attachment to the intended recipient you
`are hereby notified that any dissemination, distribution or copying of this message or any attachment is
`strictly prohibited. If you have received this communication in error, please notify us immediately by
`replying to the sender. The information transmitted in this message and any attachments may be
`privileged, is intended only for the personal and confidential use of the intended recipients, and is
`covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`________________________________
`
`This message and any attachments are intended only for the use of the individual or entity to which they
`are addressed. If the reader of this message or an attachment is not the intended recipient or the
`employee or agent responsible for delivering the message or attachment to the intended recipient you
`are hereby notified that any dissemination, distribution or copying of this message or any attachment is
`strictly prohibited. If you have received this communication in error, please notify us immediately by
`replying to the sender. The information transmitted in this message and any attachments may be
`privileged, is intended only for the personal and confidential use of the intended recipients, and is
`covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`
`
`This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this
`message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the
`intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly
`prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information
`transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended
`recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`
`
`This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this
`message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the
`intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly
`prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information
`transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended
`recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`
`
`This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this
`message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the
`intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly
`prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information
`transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended
`recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
`
`11
`
`