Righthaven LLC v. Democratic Underground, LLC et al

Filing 109

ERRATA to 101 Declaration, 102 Declaration, 99 Response - Other, 100 Response to Motion, ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)

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SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
[phone] – telephone
[phone] – facsimile
Attorney for Plaintiff/Counterdefendant Righthaven LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limitedliability company,

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Case No.: 2:10-cv-01356-RLH-GWF
RIGHTHAVEN LLC’S ERRATUM AND
CLARIFICATION TO RESPONSE TO
DEFENDANTS’ SUPPLEMENTAL
MEMORANDUM ADDRESSING
RECENTLY PRODUCED EVIDENCE
RELATING TO PENDING MOTIONS

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

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DEMOCRATIC UNDERGROUND, LLC, a
District of Columbia limited-liability
company,

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Counterclaimant,
v.
RIGHTHAVEN LLC, a Nevada limitedliability company; and STEPHENS MEDIA
LLC, a Nevada limited-liability company,
Counterdefendants.

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Plaintiff/Counterdefendant Righthaven LLC (“Righthaven”) hereby files this erratum and

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clarification concerning its earlier filed Response to Defendants Democratic Underground,

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LLC’s (“Democratic Underground”) and David Allen’s (“Allen” and collectively referred to

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herein with Democratic Underground as “Defendants”) Supplemental Memorandum Addressing

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Recently Produced Evidence Relating to Pending Motions (the “Response”, Doc. # 100) as set

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forth herein.

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First, Righthaven hereby advises the Court that its counsel mistakenly failed to omit

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footnote 1 in the final, PDF version of submitted the Response. (Doc. # 100 at 5 n. 1.) The

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argument advanced in footnote 1 does not accurately reflect a request by either Righthaven or

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Stephens Media LLC (“Stephens Media”) for leave of Court to join or otherwise substitute

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Stephens Media as Plaintiff in this action, or any other pending actions, as a procedural

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mechanism for curing any alleged defect in standing. (Id.) Indeed, Stephens Media had

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specifically requested on May 9, 2011 that the subject footnote be removed from Righthaven’s

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draft Response prior to filing in light of the positions that Stephens Media has asserted

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throughout this action. Accordingly, Righthaven expressly withdraws footnote 1, and all content

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contained therein, on the grounds that it was erroneously submitted in the final PDF filed version

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of its Response. (Doc. # 100 at 5 n. 1.) Righthaven and its counsel apologize to the Court and to

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the parties for any misunderstanding caused by the failure to omit footnote 1 in its submitted

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version of the Response

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As a secondary matter, Righthaven wishes to clarify the discrepancies existing between

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the execution dates for the Assignment submitted in support of the Response (Doc. # 100) and

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the later execution date for another assignment of the Work produced or otherwise filed by the

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parties in this action. The Assignment was executed and relied upon for registration of the Work

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with the United States Copyright Office (“USCO”), as set forth in the supporting declarations

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submitted by Righthaven (Doc. ## 101, 102.) A second, redundant, assignment for the Work

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was subsequently executed, and which was produced and/or filed in this action, that reflected a

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later execution date. This second assignment was completely unnecessary and was not required

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to obtain registration of the Work from the USCO. In fact, Righthaven’s undersigned counsel

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previously disclosed this discrepancy to at least one attorney, Kurt Opshal, Esq. of the Electronic

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Frontier Foundation, prior to meet and confer efforts in another action. Accordingly, Righthaven

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submits this filing in order to clarify the record with regard to the existence of these two

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assignments.

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Dated this 24th day of May, 2011.

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SHAWN A. MANGANO, LTD

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By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]

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Attorney for Righthaven LLC

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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I on this 24th day of
May, 2011, I caused the foregoing document to be served by the Court’s CM/ECF system.

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SHAWN A. MANGANO, LTD.
By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]
Attorney for Righthaven LLC

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