Righthaven LLC v. Democratic Underground, LLC et al

Filing 114

REPLY to Response to 95 First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC and Memorandum of Points and Authorities In Support Thereof ; filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Declaration of Jennifer Johnson, # 2 Exhibit A to Johnson Declaration, # 3 Exhibit B to Johnson Declaration)(Johnson, Jennifer)

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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]
JENNIFER J. JOHNSON (CA State Bar No. 252897) (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
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited liability company, Case No. 2:10-01356-RLH (GWF)
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.

REPLY DECLARATION OF
JENNIFER J. JOHNSON IN
SUPPORT OF DEFENDANTS’
FIRST MOTION TO COMPEL
THE PRODUCTION OF
DOCUMENTS AGAINST
RIGHTHAVEN

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RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
REPLY DECL. OF JENNIFER JOHNSON
DECL. ISO DEFENDANTS’ MOTION TO
COMPEL AGAINST RIGHTHAVEN

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

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I, Jennifer J. Johnson, declare as follows:

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1.

I am an attorney licensed to practice law in the state of California and an associate

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at Fenwick & West, LLP, counsel for Defendant/Cross-Complainant Democratic Underground,

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LLC and Defendant David Allen (hereinafter “Defendants”) in this matter. I have personal

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knowledge of the facts stated in this declaration, and if called upon to do so, could and would

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competently testify thereto.

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2.

On May 17, 2011, Righthaven served Defendants with “Plaintiff’s Fifth

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Supplemental Disclosures Pursuant to Rule 26(A)(1)(A) of the Federal Rules of Civil Procedure,”

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which attached three documents. These disclosures were the fourth set of supplemental

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disclosures received by Defendants from Righthaven. Attached hereto as Exhibit A is a true and

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correct copy of “Plaintiff’s Fifth Supplemental Disclosures Pursuant to Rule 26(A)(1)(A) of the

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Federal Rules of Civil Procedure,” Exhibit 1 to which is a letter relating to a different defendant

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and different website.

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3.

On May 25, 2011, Righthaven served Defendants with “Plaintiff’s Sixth

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Supplemental Disclosures Pursuant to Rule 26(A)(1)(A) of the Federal Rules of Civil Procedure,”

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which attached three documents. These disclosures were the fifth set of supplemental disclosures

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received by Defendants from Righthaven. Attached hereto as Exhibit B is a true and correct copy

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of “Plaintiff’s Sixth Supplemental Disclosures Pursuant to Rule 26(A)(1)(A) of the Federal Rules

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of Civil Procedure.”

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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 27, 2011, in San Francisco, California.

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/s/ Jennifer J. Johnson
JENNIFER J. JOHNSON

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REPLY DECL. OF JENNIFER JOHNSON
DECL. ISO DEFENDANTS’ MOTION TO
COMPEL AGAINST RIGHTHAVEN

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