Righthaven LLC v. Mostofi

Filing 31

ORDER Granting 26 Defendant's Motion to Stay the Rule 26(f) Conference. Signed by Magistrate Judge George Foley, Jr on 6/17/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC,

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Plaintiff,
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vs.
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DEAN MOSTOFI,
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Defendant.
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__________________________________________)

Case No. 2:10-cv-01066-KJD-GWF
ORDER

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This matter is before the Court on Defendant’s unopposed Motion to Stay the Rule 26(f)
Conference (#26), filed April 20, 2011. No opposition was filed.
On June 30, 2010, Plaintiff Righthaven LLC (“Righthaven”) filed its complaint in this

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matter alleging that Defendant Dean Mostofi infringed its copyright in a newspaper article. (#1).

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This case is one of several cases filed by Righthaven within the District of Nevada and nationwide

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making virtually identical claims against varied defendants.

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On April 20, 2011, Defendant filed a Motion to Dismiss (#25). According to Defendant,

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the recently unsealed “Strategic Alliance Agreement” irrefutably supports the conclusion that

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Righthaven does not have standing to bring this suit because it is neither the owner nor exclusive

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holder of any rights in the copyrighted work underlying the current lawsuit. See Ex. A attached to

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Def’s. Mot. to Dismiss (#25).

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Recently, in Righthaven LLC v. Democratic Underground, Case No. 2:10-cv-01356 (D.

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Nev.), the Court ruled that Righthaven did not have standing to pursue its claims because the

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Strategic Alliance Agreement prevented Righthaven from “obtaining any of the exclusive rights

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necessary to maintain standing in a copyright infringement action.” Righthaven LLC v. Democratic

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Underground, Case No. 2:10-cv-01356 (Docket #116, D. Nev., filed June 14, 2011).

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In light of the ruling in Democratic Underground and the likely effect it will have on

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pending litigation involving Righthaven, the Court finds that there is good cause to stay discovery

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pending the resolution of Defendant’s Motion to Dismiss (#25). Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Stay the Rule 26(f) Conference
(#26) is granted.
DATED this 17th day of June, 2011.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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