Opinion
18-md-02834-BLF (SVK)
01-09-2023
IN RE PERSONALWEB TECHNOLOGIES, LLC, et al., Patent Litigation Party Action Item Deadline: No later than Further Order by the Court
ORDER FOLLOWING DISCOVERY HEARING
Re: Dkt. Nos. 801, 802, 807, 808, 810, 814, - 823, 824, 828, 833, 834
SUSAN VAN KEULEN United States Magistrate Judge
On January 6, 2023 the Court held an in-person hearing regarding post-judgment discovery disputes arising out of document productions to judgment-creditor Amazon by judgment-debtor Personal Web and subpoenaed third parties Brilliant Digital Entertainment Inc. (“BDE”), Claria Innovations, LLC (“Claria”), and Europlay Captial Adivsors, LLC (“ECA”). Personal Web's former litigation firm, Stubbs, Alderton & Markilies (“SAM”), a custodian of some of the documents at issue, also appeared pursuant to order of this Court. The Court evaluated the numerous briefs, statements and declarations addressing the search, processing and production of documents by the participating parties identified herein and entertained lengthy presentations and argument by counsel. The Court ruled from the bench as to each of the outstanding issues and ordered completion of remaining tasks by dates certain. The Court's order is summarized in Exhibit A hereto for the Parties' and the Court's convenience. Completion of the tasks in Exhibit A resolves all of the issues raised in the aforementioned briefs.
With regards to deadlines for production of documents, the Court had previously ruled production of documents to be completed by January 20, 2023. Dkt. 799. In limited instances the Court has modified that deadline or, where the Court determined that additional time may be needed because the content of certain productions is as yet unknown, instructed the parties to meet and confer to set a date for production. All productions addressed at the hearing are to be completed either by the previously ordered date of January 20, 2023, a new, specific date identified in Exhibit A or, if subject to meet and confer, no later than January 31, 2023.
Where the deadline in Exhibit A differs from a date given on the record, Exhibit A controls.
SO ORDERED.
EXHIBIT A to Court Order Following Discovery Hearing
Party
Action Item
Deadline: No later than
Further Order by the Court
Personal Web
1. 8 hard drives currently being evaluated by vendor: Report findings to Amazon with a proposal regarding time needed to resolve any issues. 2. Meet and confer with Amazon regarding qualitycontrol issues, including issues with load files.
1/10/23 1/10/23
BDE
1. Corrected search to be completed and production of responsive documents to Amazon.
1/17/23
Counsel for BDE has reason to believe most documents will be privileged. If not, counsel are to meet and confer regarding any necessary adjustment to production date in accordance with this
2. If there is a dispute regarding BDE's clawback of 13 purportedly privileged documents, a joint statement is to be submitted to the Court in accordance with this Court's standing order, including the requirement for robust meet and confer, and the documents to be emailed to the SVKCRD@cand.uscourts.gov for in camera review.
1/17/23
Order.
Claria/ECA
1. Counsel to determine whether Claria/ECA are implicated in the corrected
1/17/23
search to be conducted by BDE.
2. Production of responsive documents from Mr. Markilies' SAM email account(s).
1/20/23
Mr. Markilies is the managing agent for both Claria and ECA. He is also a partner at SAM. Amazon presented evidence of Mr. Markilies using his SAM email account(s) to conduct business on behalf of those entities. Mr. Markilies, as a SAM partner, even if inactive, has control over his SAM email account(s). Accordingly, in response to the subpoenas on Claria and ECA, Mr. Markilies' SAM email account(s) are to be searched for responsive documents.
SAM
1. Provide Personal Web responses to its outstanding inquiry regarding as to the origin of search terms used to identify certain documents.
1/10/23
2. Produce documents from corrected search re Claria Innovations.
1/10/23
3. Issue which resulted in 4 missing emails produced by ECA but not SAM, to be addressed and rectified.
1/17/23
4. In re issues relating to the McKool hard drive and Santa server, identify the parameters of the problem and propose a
1/17/23
SAM to comply with nos. 4 and 5 by communicating directly with Amazon and filing
timeline for resolution in accordance with this Order. 5. In re documents identified pursuant to the search terms and participants identified at the hearing but upon review SAM has a good faith belief either do not belong to Personal Web or implicate privileges held by third parties, SAM to identify the parameters of the problem, including the number of documents at issue, and propose a timeline for resolution in accordance with this Order.
a letter brief with the Court, not to exceed three pages.