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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1 2 3 4 5 6 7 8 9 10 SHAWN A. MANGANO, ESQ. Nevada Bar No. 6730 shawn@manganolaw.com SHAWN A. MANGANO, LTD. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 Tel: (702) 304-0432 Fax: (702) 922-3851 DALE M. CENDALI, ESQ. (admitted pro hac vice) dale.cendali@kirkland.com KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Tel: (212) 446-4800 Fax: (212) 446-4900 Attorneys for Plaintiff Righthaven LLC 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 RIGHTHAVEN LLC, a Nevada limited-liability company, 15 16 17 18 Plaintiff, v. DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company; and DAVID ALLEN, an individual, 19 Defendants. 20 21 DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company, 22 23 24 25 26 Counterclaimant, v. RIGHTHAVEN LLC, a Nevada limited-liability company; and STEPHENS MEDIA LLC, a Nevada limited-liability company, Counterdefendants. 27 28 1 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) 1 IT IS HEREBY STIPULATED BETWEEN Counterclaimant Democratic Underground, 2 LLC (“Democratic Underground”), Counterclaim defendant Stephens Media LLC (“Stephens 3 Media”) and Righthaven LLC (“Righthaven”), through their attorneys of record, as follows: 4 1. On June 14, 2011, the Court dismissed Righthaven’s complaint for lack of 5 standing and denied Stephens Media’s motion to dismiss Democratic Underground’s 6 counterclaim (Dkt. 116). 7 2. On June 23, 2011, Righthaven moved the Court to intervene in this action as of 8 right pursuant Federal Rule of Civil Procedure 24(a)(2) (“Application”). (Dkt. 120.) In its 9 Application, Righthaven addressed the asserted basis for its standing to sue for copyright 10 infringement under the Clarification and Amendment to Strategic License Agreement 11 (“Amendment”). 12 3. On June 28, 2011, Stephens Media moved for reconsideration of the Court’s 13 decision not to dismiss Democratic Underground’s counterclaim. (Dkt. 126.) Stephens Media 14 based its motion on its asserted lack of ownership of the copyright at issue under the 15 Amendment. 16 4. On July 11, 2011, Righthaven filed a supplemental memorandum in support of its 17 application to intervene, apprising the Court of the Amended and Restated Strategic Alliance 18 Agreement (“Restated and Amended SAA”), which was executed on July 7, 2011. Righthaven 19 and Stephens Media assert that they executed the Restated and Amended SAA in order to 20 address the concerns raised in Righthaven LLC v. Hoehn, where the Court in that case found that 21 Righthaven lacked standing to sue under the Amendment. Doc. # 28, Case. No. 2:11-CV-00050- 22 PMP-RJJ (D. Nev.) (Pro, J.) 23 5. Both Democratic Underground and Stephens Media would like the opportunity to 24 address Righthaven’s standing under the Restated and Amended SAA. Therefore, the parties 25 agree to, and respectfully request, a revised briefing schedule as follows: 26 27 • Stephens Media shall have until July 15, 2011 to supplement its motion for reconsideration. 28 2 1 • Democratic Underground shall have until July 26, 2011 to file a single memorandum in opposition to Righthaven’s application to intervene and Stephens 2 Media’s motion for reconsideration. 3 4 5 6 7 8 • 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. lpulgram@fenwick.com th 555 California Street, 12 Floor San Francisco, California 94104 By: /s/ Shawn A. Mangano__ ____ SHAWN A. MANGANO, ESQ. Nevada Bar No. 6730 shawn@manganolaw.com 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 9 10 11 12 13 14 15 16 17 18 19 20 KURT OPSAHL, ESQ. ELECTRONIC FRONTIER FOUNDATION DALE CENDALI, ESQ. 454 Shotwell Street KIRKLAND & ELLIS LLP San Francisco, California 94110 dale.cendali@kirkland.com 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 bowers@lawyer.com 3202 West Charleston Boulevard CAMPBELL & WILLIAMS Las Vegas, Nevada 89102 Attorney for Democratic By: /s/ J. Colby Williams_____ Underground, LLC Nevada Bar No. 5549 jcw@campbellandwilliams.com 700 South Seventh Street____ Las Vegas, Nevada 89101 21 Attorneys for Stephens Media LLC Media 22 23 24 25 26 27 IT IS SO ORDERED: _________________________________________ UNITED STATES DISTRICT COURT JUDGE DATED:___________________________ 28 3

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