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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limited-liability
company,

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Plaintiff,
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vs.
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DEMOCRATIC UNDERGROUND, LLC, et al., )
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Defendants.
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__________________________________________)

Case No. 2:10-cv-01356-RLH-GWF
ORDER
Motion to Compel (#95)

This matter is before the Court on Defendant/Counterclaimant Democratic Underground,

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LLC’s Motion to Compel the Production of Documents from Plaintiff/Counterdefendant

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Righthaven, LLC and Counterdefendant Stephens Media LLC (#95), filed on April 28, 2011,

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Counterdefendant Stephens Media LLC’s Response to the Motion to Compel (#105), filed on May

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16, 2011, Plaintiff/Counterdefendant Righthaven LLC’s Response to the Motion to Compel (#106),

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filed on May 18, 2011, and Defendant/Counterclaimant Democratic Underground, LLC’s Reply in

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Support of Motion to Compel (#112), filed on May 26, 2011. The Court conducted a hearing in

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this matter on June 9, 2011.

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Defendant/Counterclaimant Democratic Underground, LLC moves to compel

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Plaintiff/Counterdefendant Righthaven, LLC and Counterdefendant Stephens Media, LLC to

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produce all documents responsive to Democratic Underground’s requests for production relating to

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(1) the creation of Righthaven and (2) the assignment of the copyright at issue in this case,

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including communications required by and relating to the Strategic Alliance Agreement between

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Righthaven and Stephens Media. On June 14, 2011, the District Judge issued an order in this case

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dismissing Plaintiff Righthaven’s complaint based on lack of standing to bring this copyright

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infringement action. Order (#116). Specifically, the Court found that the Strategic Alliance

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Agreement between Righthaven and Stephens Media precluded the assignment to Righthaven of

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any of the exclusive rights identified in 17 U.S.C. § 106 which are necessary to confer ownership

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on the assignee. See Silvers v. Sony Pictures Entm’t Inc., 402 F.3d 881, 884 (9th Cir. 2005) (en

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banc). Although Democratic Underground may still pursue recovery of costs and attorney’s fees

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against Righthaven, and Democratic Underground’s counterclaim against Stephens Media remains

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pending, the District Court’s order disposes of the need for Democratic Underground to obtain the

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discovery which is the subject of the instant motion to compel. Accordingly,

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IT IS HEREBY ORDERED that Defendant/Counterclaimant Democratic Underground,

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LLC’s Motion to Compel the Production of Documents from Plaintiff/Counterdefendant

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Righthaven, LLC and Counterdefendant Stephens Media, LLC (#95) is denied as moot.

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DATED this 16th day of June, 2011.

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______________________________________
GEORGE FOLEY, JR.
U.S. MAGISTRATE JUDGE

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