Righthaven LLC v. Democratic Underground, LLC et al
Filing
117
ORDER that Defendant/Counterclaimant Democratic Underground LLC's Motion to Compel the Production of Documents from Plaintiff/Counterdefendant Righthaven LLC and Counterdefendant Stephens Media LLC 95 is DENIED AS MOOT. Signed by Magistrate Judge George Foley, Jr on 6/16/11. (Copies have been distributed pursuant to the NEF - ECS)
1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8
9
10
11
12
13
RIGHTHAVEN LLC, a Nevada limited-liability
company,
)
)
)
Plaintiff,
)
)
vs.
)
)
DEMOCRATIC UNDERGROUND, LLC, et al., )
)
Defendants.
)
__________________________________________)
Case No. 2:10-cv-01356-RLH-GWF
ORDER
Motion to Compel (#95)
This matter is before the Court on Defendant/Counterclaimant Democratic Underground,
14
LLC’s Motion to Compel the Production of Documents from Plaintiff/Counterdefendant
15
Righthaven, LLC and Counterdefendant Stephens Media LLC (#95), filed on April 28, 2011,
16
Counterdefendant Stephens Media LLC’s Response to the Motion to Compel (#105), filed on May
17
16, 2011, Plaintiff/Counterdefendant Righthaven LLC’s Response to the Motion to Compel (#106),
18
filed on May 18, 2011, and Defendant/Counterclaimant Democratic Underground, LLC’s Reply in
19
Support of Motion to Compel (#112), filed on May 26, 2011. The Court conducted a hearing in
20
this matter on June 9, 2011.
21
Defendant/Counterclaimant Democratic Underground, LLC moves to compel
22
Plaintiff/Counterdefendant Righthaven, LLC and Counterdefendant Stephens Media, LLC to
23
produce all documents responsive to Democratic Underground’s requests for production relating to
24
(1) the creation of Righthaven and (2) the assignment of the copyright at issue in this case,
25
including communications required by and relating to the Strategic Alliance Agreement between
26
Righthaven and Stephens Media. On June 14, 2011, the District Judge issued an order in this case
27
dismissing Plaintiff Righthaven’s complaint based on lack of standing to bring this copyright
28
infringement action. Order (#116). Specifically, the Court found that the Strategic Alliance
1
Agreement between Righthaven and Stephens Media precluded the assignment to Righthaven of
2
any of the exclusive rights identified in 17 U.S.C. § 106 which are necessary to confer ownership
3
on the assignee. See Silvers v. Sony Pictures Entm’t Inc., 402 F.3d 881, 884 (9th Cir. 2005) (en
4
banc). Although Democratic Underground may still pursue recovery of costs and attorney’s fees
5
against Righthaven, and Democratic Underground’s counterclaim against Stephens Media remains
6
pending, the District Court’s order disposes of the need for Democratic Underground to obtain the
7
discovery which is the subject of the instant motion to compel. Accordingly,
8
IT IS HEREBY ORDERED that Defendant/Counterclaimant Democratic Underground,
9
LLC’s Motion to Compel the Production of Documents from Plaintiff/Counterdefendant
10
Righthaven, LLC and Counterdefendant Stephens Media, LLC (#95) is denied as moot.
11
DATED this 16th day of June, 2011.
12
13
______________________________________
GEORGE FOLEY, JR.
U.S. MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?