Righthaven LLC v. Democratic Underground, LLC et al

Filing 128

STIPULATION FOR EXTENSION OF TIME (Second Request) --JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE REVISED DISCOVERY SCHEDULE -- by Defendants David Allen, Democratic Underground, LLC. (Pulgram, Laurence)

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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

Case No. 2:10-01356-RLH (GWF)

JOINT STIPULATION AND
[PROPOSED] ORDER TO
EXTEND TIME TO FILE
REVISED DISCOVERY
SCHEDULE

DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company,
Counterclaimant,
(SECOND REQUEST)
v.
RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
JOINT STIP AND [PROPOSED] ORDER TO EXTEND
TIME TO FILE REVISED DISCOVERY SCHEDULE

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

IT IS HEREBY STIPULATED BETWEEN Counterclaimant Democratic Underground,

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LLC (“Democratic Underground”) and Counterdefendant Stephens Media LLC

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(“Counterdefendant”), through their attorneys of record, as follows:
1.

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On February 24, 2011, this Court entered the Joint Stipulation and Order to Stay

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Discovery Conducted Pursuant to Federal Rules of Civil Procedure 20 and 45 Until Adjudication

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of Pending Motions (the “Stipulation and Order Staying Discovery”), which tolled discovery

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deadlines set forth in the Joint Discovery Plan and Scheduling Order (Docket “Dkt.” 54) “for the

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duration of time from February 10 until ruling by the Court on the pending Motions for Voluntary

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Dismissal, the Cross-MSJ, and the Motion to Dismiss” (collectively, “the Motions”). (Dkt. 71, ¶

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15).
2.

Pursuant to the Stipulation and Order Staying Discovery, “[w]ithin 10 days of such

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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ruling, the parties shall submit a proposed agreed order resetting discovery dates on an equivalent

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schedule.” (Dkt. 71, ¶ 15).

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3.

On June 14, 2011, the Court ruled on the Motions, dismissing Righthaven’s

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complaint in its entirety for Righthaven’s lack of standing and denying Stephens Media’s Motion

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to Dismiss. (Dkt. 116).

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4.

Democratic Underground’s Counterclaim still survives.

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5.

On June 23, 2011, Righthaven filed an Application to Intervene.

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6.

On June 29, 2011, Stephens Media filed a Motion for Reconsideration of the

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denial of its Motion to Dismiss.
7.

Democratic Underground may seek a stipulation or leave to file an Amended

Counterclaim.
8.

The parties agree that it would be necessary and beneficial to determine who the

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parties are and what claims are at issue prior to submitting a proposed agreed order resetting

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discovery cutoff dates.

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9.

Accordingly, the parties respectfully request, and the parties have agreed, to

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extend the deadline for them to submit a proposed agreed order resetting discovery dates to the

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date within 10 days of the resolution of participation of parties and their pleadings in this action.
JOINT STIP AND [PROP] ORDER TO EXTEND TIME
TO FILE REVISED DISCOVERY SCHEDULE

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

This is the second request related to the discovery plan. This stipulated extension is

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sought in good faith and not for purposes of delay.

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Dated this 30 day of June, 2011

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FENWICK & WEST LLP

RIGHTHAVEN LLC

By:

By:

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MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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/s/ Laurence Pulgram
LAURENCE PULGRAM, ESQ

Laurence Pulgram, Esq.
Fenwick & West LLP
555 California Street, 12th Floor
San Francisco, California 94104
Attorneys for Defendants and
Counterclaimant DEMOCRATIC
UNDERGROUND, LLC, and Defendant
DAVID ALLEN

/s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ

Shawn A. Mangano, Esq.
Shawn A. Mangano, Ltd.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129
Attorneys for Plaintiff/Counterdefendant
RIGHTHAVEN LLC
STEPHENS MEDIA LLC

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By:

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/s/ J. Colby Williams
J. COLBY WILLIAMS, ESQ

J. Colby Williams, Esq.
Campbell & Williams
700 South Seventh Street
Las Vegas, Nevada 89101
Attorneys for Counterdefendant
STEPHENS MEDIA LLC

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JOINT STIP AND [PROP] ORDER TO EXTEND TIME
TO FILE REVISED DISCOVERY SCHEDULE

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

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ATTORNEY ATTESTATION
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I hereby attest that the concurrence in the filing of this document has been obtained from
the signatory indicated by a “conformed” signature (/s/) within this e-filed document.

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/s/ Laurence F. Pulgram
Laurence F. Pulgram

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IT IS SO ORDERED:

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MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: ______________________

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GEORGE W. FOLEY, Jr.
United States Magistrate Judge

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JOINT STIP AND [PROP] ORDER TO EXTEND TIME
TO FILE REVISED DISCOVERY SCHEDULE

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