PersonalWeb Technologies, LLC v. Twitch Interactive, Inc.

Background

The court had entered judgment against PersonalWeb Technologies, LLC on October 28, 2020, and later awarded Amazon attorney fees and costs. To enforce the judgment, Amazon.com, Inc. and Amazon Web Services, Inc. served interrogatories and requests for production seeking information about PersonalWeb’s assets. Amazon also sought compliance with an April 27, 2021 order requiring PersonalWeb to provide bank or financial-account information and responsive documents.

The order also required PersonalWeb to appear for a judgment-debtor examination. Judge Freeman later vacated the separate form order requiring that examination, but did not vacate the April 27 order’s requirements concerning financial information and documents. Amazon moved to compel compliance and asked for permission to file a sanctions motion. The parties also submitted a joint discovery letter concerning PersonalWeb’s failure to respond to the written discovery.

Court’s analysis

The court granted Amazon’s motion to compel compliance with the remaining portions of the April 27 order. PersonalWeb did not oppose that motion, and the court concluded that Judge Freeman had vacated only the form order for the examination, not the requirements to provide financial-account information and produce documents.

The court also determined that Amazon properly served the interrogatories and document requests. Federal Rule of Civil Procedure 69 permits discovery to aid enforcement of a judgment under the federal rules or the procedure of the state where the court is located. The court rejected the argument that California’s personal-service rules exclusively governed service. It found that PersonalWeb had consented to electronic service, that its counsel received the discovery, and that counsel remained counsel of record when the discovery was served because withdrawal was conditioned on another attorney entering an appearance.

The court further rejected PersonalWeb’s argument that discovery was unavailable because the case had been closed. It explained that post-judgment discovery is available to enforce a judgment and that a court retains related authority to ensure the judgment’s execution. Because the discovery was properly served and PersonalWeb did not respond by the deadline, the court found that PersonalWeb waived its objections under Federal Rule of Civil Procedure 33(b)(4).

Ruling

The court ordered PersonalWeb, within 10 days of the order, to provide the bank and financial-account information and documents required by the April 27 order, respond without objection to the April 19 interrogatories and requests for production, and produce all documents requested. The court denied Amazon’s request for sanctions without prejudice. It stated that Amazon could file a sanctions motion if PersonalWeb failed to provide the required information, documents, and discovery responses.