Righthaven LLC v. Vote For The Worst, LLC et al

Filing 33

MOTION to Dismiss for Lack of Jurisdiction by Defendants David J. Della Terza, Nathan E. Palmer, Vote For The Worst, LLC. Responses due by 5/4/2011. (Attachments: # 1 Declaration of J. Malcolm DeVoy, # 2 Exhibit A)(DeVoy, James)

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Marc J. Randazza (Admitted Pro Hac Vice)
J. Malcolm DeVoy IV (Nevada Bar No. 11950)
RANDAZZA LEGAL GROUP
7001 W. Charleston Boulevard, #1043
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
Randazza.com
Attorneys for Defendants,
Vote for the Worst, LLC,
Nathan E. Palmer,
and David J. Della Terza

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN, LLC, a Nevada limited-liability
company
vs.

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DECLARATION OF J. MALCOLM DEVOY IN SUPPORT OF DEFENDANTS’
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
I, J. MALCOLM DEVOY, hereby declare as follows:
1. I am a duly licensed attorney in Nevada and a member of the Nevada bar in good
standing, attorney for the Randazza Legal Group law firm, and counsel of record for
Defendants Vote for the Worst LLC, Nathan E. Palmer and David J. Della Terza in this
matter.
2. On April 15, I used the Public Access to Court Electronic Records (“PACER”) system,
and this Court’s Case Management / Electronic Case Filing (“CM/ECF”) system, to

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Randazza
Legal Group
7001 W Charleston Blvd
#1043
Las Vegas, NV 89117
[phone]

DECLARATION OF J. MALCOLM
DEVOY IN SUPPORT OF
DEFENDANT’S MOTION TO
DISMISS FOR LACK OF SUBJECT
MATTER JURISDICTION

Defendants.

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Plaintiff,

VOTE FOR THE WORST, LLC, an Utah
limited-liability company; NATHAN E.
PALMER, an individual; and DAVID J. DELLA
TERZA, an individual,

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Case No.: 2:10-cv-01045-KJD-RJJ

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access the Defendants’ Supplemental Memorandum Addressing Recently Produced

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Evidence Relating to Pending Motions (Doc. # 79) in Righthaven LLC v. Democratic

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Underground LLC, Case No. 2:10-cv-01356-RLH-GWF (D. Nev., filed Mar. 9, 2011).

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3. At this point, the Document had been unsealed and made part of the public record in that

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case, pursuant to the Court’s April 14, 2011 order to unseal the evidence in Democratic

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Underground LLC’s above-mentioned supplemental memorandum (Doc. # 79).

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Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Order # 93 (D. Nev.,

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filed Apr. 14, 2011).

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4. Exhibit A to Democratic Underground LLC’s Supplemental Memorandum (Doc. # 79) is

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the Strategic Alliance Agreement between Righthaven LLC and Stephens Media LLC,

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which is attached to Defendant’s Motion to Dismiss for Lack of Subject Matter

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Jurisdiction as Exhibit A.

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5. In addition to being a public document, Exhibit A is established to be a true and correct

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copy of Righthaven LLC’s Strategic Alliance Agreement with Stephens Media LLC by

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the Declaration of Laurence F. Pulgram in Support of Defendants’ Supplemental

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Memorandum Addressing Recently Produced Evidence Relating to Pending Motions.

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Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Doc. # 79-1 ¶¶ 6-8 (D.

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Nev., filed Mar. 9, 2011).

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I declare under penalty of perjury that the foregoing is true and correct.

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Dated: April 17, 2011

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By:

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J. Malcolm DeVoy IV

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Randazza
Legal Group
7001 W Charleston Blvd
#1043
Las Vegas, NV 89117
[phone]

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