Righthaven LLC v. Vote For The Worst, LLC et al
Filing
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Submission of PROPOSED ORDER on 44 Stipulation ; filed by Defendants David J. Della Terza, Nathan E. Palmer, Vote For The Worst, LLC. (DeVoy, James)
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Marc J. Randazza (Admitted pro hac vice)
J. Malcolm DeVoy IV (Nevada Bar No. 11950)
RANDAZZA LEGAL GROUP
mjr@Randazza.com
jmd@Randazza.com
7001 W. Charleston Boulevard, # 1043
Las Vegas, NV 89117
Telephone: 888-667-1113
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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vs.
VOTE FOR THE WORST, LLC, an Utah
limited-liability company; NATHAN E.
PALMER, an individual; and DAVID J. DELLA
TERZA, an individual,
Defendants.
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
JURISDICTION
PROPOSED ORDER GRANTING PARTIES’ JOINT STIPULATION TO ADMIT
EVIDENCE RELATING TO PENDING MOTION TO DISMISS
FOR LACK OF SUBJECT MATTER JURISDICTION
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THE COURT, having considered the parties’ stipulation to admit new evidence (Doc. #
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44) with respect to the pending Motion to Dismiss (Doc. # 33) and related briefing (Docs. # 40,
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43), hereby GRANTS the parties’ stipulation to admit the evidence attached as Exhibit A to their
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Stipulation (Doc. # 44-1), Sections 3.2 and 19.4 of Righthaven LLC’s Operating Agreement.
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This evidence is already on record in another case pending in this District, Righthaven
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LLC v. DiBiase, Case No. 2:10-cv-01343 (Doc. # 51) (D. Nev. Apr. 17, 2011). As such, it is
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judicially noticeable. The timing of the parties’ stipulation and this Court’s Order is proper
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because this relevant evidence was not available to the Defendants at the time their Motion to
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Dismiss (Doc. # 33) was filed. As the parties have not yet engaged in formal discovery pending
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the resolution of this Motion to Dismiss, Defendants did not have access to this evidence before
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it was placed on the public record in DiBiase.
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Agreement put before this Court are relevant to proving the parties’ contentions as to the proper
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ownership of the copyright underlying this litigation.
Moreover, the sections of the Operating
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Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
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evidence submitted by the parties as Exhibit A to their Stipulation (Doc. # 44) is ADMITTED
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and will be considered by the Court in conjunction with the Defendants’ pending Motion to
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Dismiss and related briefing.
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IT IS SO ORDERED:
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UNITED STATES DISTRICT COURT JUDGE
DATED:
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