Righthaven LLC v. Democratic Underground, LLC et al

Filing 135

STIPULATION FOR EXTENSION OF TIME (First Request) re 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss and 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; 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
Tel: [phone]
Fax: [phone]
DALE M. CENDALI, ESQ. (admitted pro hac vice)
[e-mail]
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, New York 10022
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff 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 limited-liability
company,

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

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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 limited-liability
company; and STEPHENS MEDIA LLC, a Nevada
limited-liability company,
Counterdefendants.

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Case No.: 2:10-cv-01356-RLH-CWF
JOINT STIPULATION AND
ORDER TO REVISE THE
BRIEFING SCHEDULE FOR
RIGHTHAVEN LLC’S
APPLICATION TO INTERVENE AS
OF RIGHT PURSUANT TO
FEDERAL RULE OF CIVIL
PROCEDURE 24(A)(2) AND
STEPHENS MEDIA’S MOTION
FOR RECONSIDERATION
(FIRST REQUEST)

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IT IS HEREBY STIPULATED BETWEEN Counterclaimant Democratic Underground,

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LLC (“Democratic Underground”), Counterclaim defendant Stephens Media LLC (“Stephens

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Media”) and Righthaven LLC (“Righthaven”), through their attorneys of record, as follows:

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1.

On June 14, 2011, the Court dismissed Righthaven’s complaint for lack of

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standing and denied Stephens Media’s motion to dismiss Democratic Underground’s

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counterclaim (Dkt. 116).

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2.

On June 23, 2011, Righthaven moved the Court to intervene in this action as of

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right pursuant Federal Rule of Civil Procedure 24(a)(2) (“Application”). (Dkt. 120.) In its

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Application, Righthaven addressed the asserted basis for its standing to sue for copyright

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infringement under the Clarification and Amendment to Strategic License Agreement

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(“Amendment”).

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3.

On June 28, 2011, Stephens Media moved for reconsideration of the Court’s

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decision not to dismiss Democratic Underground’s counterclaim. (Dkt. 126.) Stephens Media

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based its motion on its asserted lack of ownership of the copyright at issue under the

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Amendment.

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4.

On July 11, 2011, Righthaven filed a supplemental memorandum in support of its

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application to intervene, apprising the Court of the Amended and Restated Strategic Alliance

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Agreement (“Restated and Amended SAA”), which was executed on July 7, 2011. Righthaven

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and Stephens Media assert that they executed the Restated and Amended SAA in order to

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address the concerns raised in Righthaven LLC v. Hoehn, where the Court in that case found that

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Righthaven lacked standing to sue under the Amendment. Doc. # 28, Case. No. 2:11-CV-00050-

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PMP-RJJ (D. Nev.) (Pro, J.)

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5.

Both Democratic Underground and Stephens Media would like the opportunity to

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address Righthaven’s standing under the Restated and Amended SAA. Therefore, the parties

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agree to, and respectfully request, a revised briefing schedule as follows:

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•

Stephens Media shall have until July 15, 2011 to supplement its motion for
reconsideration.

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Democratic Underground shall have until July 26, 2011 to file a single
memorandum in opposition to Righthaven’s application to intervene and Stephens

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Media’s motion for reconsideration.

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Stephens Media and Righthaven shall have until August 2, 2011 to submit a reply
to Democratic Underground’s opposition.

This stipulation is sought in good faith and not for purposes of delay.
Dated this 13th day of July, 2011.
FENWICK & WEST

SHAWN A. MANGANO, LTD.

By: /s/ Laurence F. Pulgram
LAURENCE F. PULGRAM, ESQ.
[e-mail] th
555 California Street, 12 Floor
San Francisco, California 94104

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

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KURT OPSAHL, ESQ.
ELECTRONIC FRONTIER FOUNDATION DALE CENDALI, ESQ.
454 Shotwell Street
KIRKLAND & ELLIS LLP
San Francisco, California 94110
[e-mail]
601 Lexington Avenue
CHAD A. BOWERS, LTD.
New York, New York 10022
CHAD A. BOWERS, ESQ.
Nevada Bar No. 7283
Attorneys for Plaintiff Righthaven LLC
[e-mail]
3202 West Charleston Boulevard
CAMPBELL & WILLIAMS
Las Vegas, Nevada 89102
Attorney for Democratic
By: /s/ J. Colby Williams_____
Underground, LLC
Nevada Bar No. 5549
[e-mail]
700 South Seventh Street____
Las Vegas, Nevada 89101

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Attorneys for Stephens Media LLC Media

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IT IS SO ORDERED:
_________________________________________
UNITED STATES DISTRICT COURT JUDGE
DATED:___________________________

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