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

Filing 44

STIPULATION re 33 MOTION to Dismiss for Lack of Jurisdiction ; Admission of New Evidence by Defendants David J. Della Terza, Nathan E. Palmer, Vote For The Worst, LLC. (Attachments: # 1 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
[e-mail]
[e-mail]
7001 W. Charleston Boulevard, # 1043
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: 305-437-7662
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,
Plaintiff,

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

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

Case No. 2:10-cv-01045-KJD-RJJ
PARTIES’ JOINT STIPULATION TO
ADMIT EVIDENCE RELATING TO
PENDING MOTION TO DIMISS FOR
LACK OF SUBJCT MATTER
JURISDICTION

Defendants.
PARTIES’ JOINT STIPULATION TO ADMIT EVIDENCE
RELATING TO PENDING MOTION TO DISMISS FOR LACK OF SUBJECT
MATTER JURISDICTION
Righthaven LLC (“Plaintiff”), by and through its counsel of record, and Defendants Vote
for the Worst LLC, Nathan E. Palmer and David J. Della Terza (collectively, the “Defendants”),
by and through his counsel of record, known together herein as the “parties,” hereby notify the
Court that they have stipulated to the admission of the attached evidence with respect to the
Court’s analysis of Defendants’ pending Motion to Dismiss (Docs. # 33, 43) and Plaintiff’s
Opposition (Doc. # 40).
A partially redacted, excerpted copy of the Operating Agreement of Righthaven LLC (the
“Operating Agreement”), containing sections 3.2 and 19.4, is attached hereto as Exhibit A. This
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evidence, in its complete and redacted form submitted is contained in the public record as an

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exhibit to a filing in Righthaven LLC v. DiBiase, Case No. 2:10-cv-01343 (D. Nev. Apr. 17,

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2011) (Doc. # 51). The public filing in the Righthaven LLC v. DiBiase occurred after briefing on

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Defendants’ Motion to Dismiss (Doc # 33) in this action had concluded. Moreover, given the

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procedural posture of this action, the parties have not yet produced initial disclosures or

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otherwise engaged in discovery efforts that would have resulted in the Operating Agreement’s

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production.

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The parties acknowledge the potential relevance of the submitted portions of the

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Operating Agreement with regard to their respective arguments. It is therefore agreed that the

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submitted portions of the Operating Agreement may be admitted as part of the record for

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purposes of adjudicating the pending Motion (Doc. # 33). As the portion of the Operating

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Agreement attached as Exhibit A is available in this District’s public records in a redacted and

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complete format, it is judicially noticeable, and pursuant to the parties’ agreement, it is deemed

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admissible and is thereby included in the record for the Court’s consideration in deciding the

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pending Motion (Doc. # 33).

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Dated May 24, 2011

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Respectfully Submitted,
SHAWN A. MANGANO LTD.

RANDAZZA LEGAL GROUP

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/s/ Shawn A. Mangano
Shawn A. Mangano
9960 West Cheyenne Avenue
Suite 170
Las Vegas, NV 89129

Marc J. Randazza
J. Malcolm DeVoy IV

Attorney for Plaintiff,
Righthaven LLC

Attorneys for Defendants,
Vote for the Worst LLC, Nathan
E. Palmer and David J. Della
Terza

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

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CERTIFICATE OF SERVICE

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Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am a

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representative of Randazza Legal Group and that on this 24th day of May, 2011, I caused the

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document(s) entitled:

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PARTIES’ JOINT STIPULATION TO ADMIT EVIDENCE RELATING TO PENDING
MOTION TO DIMISS FOR LACK OF SUBJCT MATTER JURISDICTION
to be served as follows:
[

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by depositing same for mailing in the United States Mail, in a sealed envelope
addressed to Steven A. Gibson, Esq., Righthaven, LLC, 9960 West Cheyenne
Avenue, Suite 210, Las Vegas, Nevada, 89129-7701, upon which first class
postage was fully prepaid; and/or

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Pursuant to Fed. R. Civ. P. 5(b)(2)(D), to be sent via facsimile as indicated; and/or

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to be hand-delivered;

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[ X ] by the Court’s CM/ECF system.

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/s/ J. Malcolm DeVoy__________

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J. Malcolm DeVoy

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

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