Righthaven LLC v. Democratic Underground, LLC et al

Filing 139

MOTION to Seal (1) Portions of Democractic Underground's Consolidated Opposition to Righthaven's Motion to Intervene and Opposition to Counterdefendant Stephens Media's Motion for Reconsideration; and, (2) Exhibits 1, 2, 3 and 5 of the Supporting Declaration of Clifford Webb by Defendants David Allen, Democratic Underground, LLC. Motion ripe 7/26/2011. (Attachments: # 1 Proposed Order Granting Democratic Underground's Motion to File Documents Under Seal)(Webb, Cliff)

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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, Case No. 2:10-cv-01356-RLH (GWF)
Plaintiff,
v.
MOTION TO FILE DOCUMENTS
UNDER SEAL
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company,
Counterclaimant,
v.
RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
MOTION TO SEAL

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

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REQUEST TO SUBMIT DOCUMENTS UNDER SEAL
Counterclaimant Democratic Underground, LLC (“Democratic Underground”) hereby

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respectfully requests that the Court permit Democratic Underground to submit, under seal,

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portions of Democratic Underground’s Consolidated Opposition to Righthaven’s Motion to

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Intervene and Opposition to Counterdefendant Stephens Media’s Motion for Reconsideration

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(“Consolidated Opposition”), and Exhibits 1, 2, 3, and 5 of the Supporting Declaration of Clifford

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Webb (“Webb Declaration”).

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Exhibit 1 to the Webb Declaration is an excerpt of the Righthaven Operating Agreement,

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produced by Stephens Media on March 22, 2011 (Bates Nos. SM000095-SM000161). Exhibit 2

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to the Webb Declaration is a Licensing Agreement between Stephens Media and ProQuest

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Information and Learning Company, dated January 15, 2002 (Bates Nos. SM000065-

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SM000067). Exhibit 3 to the Webb Declaration is a Licensing Agreement between Stephens

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Media and Burrelle’s Information Services, LLC, dated July 29, 2010 (Bates Nos. SM000050-

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SM000058). Exhibit 5 to the Webb Declaration is an undated Licensing Agreement between

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Lexis-Nexis and the Las Vegas Review-Journal (Bates Nos. SM000059-0000062).
All of these Exhibits were designated as “Confidential Attorneys Eyes Only” by Stephens

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Media under the Stipulated Protective Order entered by the Court on February 14, 2011.

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Documents and information that have been designated by a party as “Confidential Attorneys’

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Eyes Only” can only be submitted to the Court under seal. See Dkt. 65, ¶ 12. While Democratic

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Underground does not maintain that Exhibits 1, 2, 3, and 5 are appropriately designated under

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either the terms of the Stipulated Protective Order or applicable law, and does not contend that the

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Exhibits should ultimately be maintained under seal, Democratic Underground is required at this

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time to submit these Exhibits under seal. The same is true for portions of Democratic

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Underground’s Consolidated Opposition which quotes from and summarizes the contents of the

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Exhibits.

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MOTION TO SEAL

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

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Accordingly, Democratic Underground respectfully requests that the Court allow

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Democratic Underground to conditionally submit these documents under seal, until such time as

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Stephens Media provides a basis for this Court to maintain them under seal.

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Dated: July 26, 2011

FENWICK & WEST LLP

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By: /s/ Clifford Webb
Clifford Webb

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Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC

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MOTION TO SEAL

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