Righthaven LLC v. Democratic Underground, LLC et al

Filing 107

REPLY to 79 Memorandum,, 100 Response to Motion, ; --DEFENDANTS REPLY IN SUPPORT OF SUPPLEMENTAL MEMO ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS-- filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Affidavit --Pulgram Declaration supporting Defendants' Reply, # 2 Exhibit 1 to Pulgram Declaration)(Pulgram, Laurence)

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LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
[e-mail]
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
[e-mail]
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone:
[phone]
Facsimile:
[phone]
CHAD BOWERS (NV State Bar No. 7283)
[e-mail]
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone:
[phone]
Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company,
Counterclaimant,
v.

Case No. 10-01356-RLH (GWF)
DECLARATION OF
LAURENCE F. PULGRAM
IN SUPPORT OF
DEFENDANTS’ REPLY IN
SUPPORT OF
SUPPLEMENTAL MEMO
ADDRESSING RECENTLY
PRODUCED EVIDENCE
RELATING TO PENDING
MOTIONS

RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
PULGRAM REPLY DECL.

CASE NO. 2:10-CV-01356-RLH (GWF)

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I, Laurence F. Pulgram, declare as follows:

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1.

I am an attorney licensed to practice law in the state of California and a partner at

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the law firm Fenwick & West, LLP. I serve as counsel for Defendant and Cross-Complainant

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Democratic Underground, LLC and Defendant David Allen (hereinafter “Defendants”) in this

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matter. I have personal knowledge of the facts stated in this declaration, and if called upon to do

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so, could and would competently testify thereto.

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2.

On March 22, 2011, Stephens Media LLC (“Stephens Media”) produced a

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document purporting to be the Operating Agreement of Righthaven LLC (“Righthaven”), entered

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into by Righthaven, Net Sorties Systems, LLC, and SI Content Monitor LLC. The Operating

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Agreement is referred to in Section 2 of the SAA as part of the same “integrated transaction.”

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3.

Stephens Media originally designated this Operating Agreement as “Confidential

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Attorneys Eyes Only” under the Stipulated Protective Order in this case. However, in subsequent

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discussions with Righthaven and Stephens Media, they agreed to dedesignate for public filing all

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but a handful of provision in the Operating Agreement. Attached hereto as Exhibit 1 is a true and

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correct copy of the Operating Agreement as produced by Stephens Media, redacted to exclude

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those provisions that Righthaven and Stephens Media did not agree to dedesignate for public

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filing.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed on May 20, 2011, in San Francisco, California.

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/s/ Laurence F. Pulgram
Laurence F. Pulgram

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PULGRAM REPLY DECL.

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CASE NO. 2:10-CV-01356-RLH (GWF)