Righthaven LLC v. Vote For The Worst, LLC et al
Submission of PROPOSED ORDER on 44 Stipulation ; filed by Defendants David J. Della Terza, Nathan E. Palmer, Vote For The Worst, LLC. (DeVoy, James)
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, NV 89117
Attorneys for Defendants,
Vote for the Worst LLC,
Nathan E. Palmer
and David J. Della Terza
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RIGHTHAVEN, LLC, a Nevada limited liability
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
PROPOSED ORDER GRANTING
PARTIES’ JOINT STIPULATION TO
ADMIT EVIDENCE RELATING TO
PENDING MOTION TO DISMISS FOR
LACK OF SUBJECT MATTER
PROPOSED ORDER GRANTING PARTIES’ JOINT STIPULATION TO ADMIT
EVIDENCE RELATING TO PENDING MOTION TO DISMISS
FOR LACK OF SUBJECT MATTER JURISDICTION
THE COURT, having considered the parties’ stipulation to admit new evidence (Doc. #
44) with respect to the pending Motion to Dismiss (Doc. # 33) and related briefing (Docs. # 40,
43), hereby GRANTS the parties’ stipulation to admit the evidence attached as Exhibit A to their
Stipulation (Doc. # 44-1), Sections 3.2 and 19.4 of Righthaven LLC’s Operating Agreement.
This evidence is already on record in another case pending in this District, Righthaven
LLC v. DiBiase, Case No. 2:10-cv-01343 (Doc. # 51) (D. Nev. Apr. 17, 2011). As such, it is
judicially noticeable. The timing of the parties’ stipulation and this Court’s Order is proper
because this relevant evidence was not available to the Defendants at the time their Motion to
Dismiss (Doc. # 33) was filed. As the parties have not yet engaged in formal discovery pending
the resolution of this Motion to Dismiss, Defendants did not have access to this evidence before
it was placed on the public record in DiBiase.
Agreement put before this Court are relevant to proving the parties’ contentions as to the proper
ownership of the copyright underlying this litigation.
Moreover, the sections of the Operating
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
evidence submitted by the parties as Exhibit A to their Stipulation (Doc. # 44) is ADMITTED
and will be considered by the Court in conjunction with the Defendants’ pending Motion to
Dismiss and related briefing.
IT IS SO ORDERED:
UNITED STATES DISTRICT COURT JUDGE
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