Righthaven LLC v. Democratic Underground, LLC et al

Filing 140

RESPONSE to 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2), 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,, MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,,, filed by Defendants David Allen, Democratic Underground, LLC. [Redacted Version] Replies due by 8/5/2011. (Attachments: # 1 Declaration of Clifford Webb In Support of Defendant Democratic Underground's Consolidated Opposition to Righthaven's Motion to Intervene and Opposition to Counterdefendant Stepens Media's Motion for Reconsideration, # 2 Exhibit 1 (Submitted Under Seal), # 3 Exhibit 2 (Submitted Under Seal), # 4 Exhibit 3 (Submitted Under Seal), # 5 Exhibit 4, # 6 Exhibit 5 (Submitted Under Seal), # 7 Exhibit 6)(Pulgram, Laurence)

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EXHIBIT 6 Tea Party power fuels Angle - News - ReviewJournal.com Follow us: Like Confirm  @ reviewjournal  Advertise Editions Subscriptions Email alerts e-Edition Search Recent Tuesday, Jul. 26, 2011 Light Rain, 86° Weather Forecast HOME NEWS SPORTS BUSINESS LIFESTYLES ENTERTAINMENT TRAVEL OPINION OBITUARIES JOBS AUTOS HOMES CLASSIFIEDS DEALS News Comments (115) | Add a comment Back to: News Tea Party power fuels Angle NEWS HEADLINES Reid says his plan will satisfy debt rating agencies Reid unveils new debt bill New Jersey governor sued over communication with Clubs in Las Vegas remain Fox News head a hot ticket 'Antiques Roadshow' Appeals panel denies try estimates Chinese cups to block logging at Lake worth more than $1 million Tahoe Congressional inaction Obama, Boehner delays McCarran airport speeches do little to tower suggest that deal coming Ads from both parties Sandoval defends decision target Latinos to continue sunset taxes All of Today's Headlines 1/ 4 Tools BY LAURA MYERS LAS VEGAS REVIEW-JOURNAL Posted: May 13, 2010 | 12:00 a.m. Updated: Sep. 11, 2010 | 3:29 p.m. Fueled by a burst of support from the Tea Party, Sharron Angle has rocketed into a near dead heat with Sue Lowden in the white-hot U.S. Senate Republican primary, according to a new poll commissioned by the Las Vegas Review-Journal. Lowden, who had been the Republican front-runner since February, lost support to Angle, the former Reno assemblywoman seen by likely Republican voters as the most conservative candidate in a contest in which three-quarters of Republican voters say they're somewhat or very conservative, the poll showed. Danny Tarkanian lost ground to Angle, too. She passed him after gaining a bit of political star power and a bunch of financial support from an endorsement by the Tea Party Express, which launched radio and TV ads to help her win the GOP nomination to face U.S. Sen. Harry Reid in the fall. All three top GOP candidates are capable of beating Reid, according to previous polls that have shown the Democratic Party incumbent in an uphill battle to win a http://www.lvrj.com/news/tea-party-power-fuels-angle-93662969.html[7/26/2011 10:25:42 AM] 10 0 You Like Unlike like thi Email Print Share Save RSS RELATED CONTENT Tea Party Elections Wagner wins recount in North Las Vegas Ward 4 race Miller says special election to fill Heller's House seat to cost $1 million North Las Vegas schedules Friday recount in council race decided by a single vote NATION & WORLD Victim's last words: 'Dad, someone is shooting' Ohio health care question cleared for fall ballot Conservative revolt casts doubt on House GOP plan Winehouse family, friends attend singer's funeral Tea Party power fuels Angle - News - ReviewJournal.com fifth Senate term on Nov. 2. "I'm confident that we'll be able to win the primary and also to defeat Harry Reid," Angle said Wednesday from rural Fallon, where she campaigned door to door, spoke to a group at the convention center and attended a gun supporters event. "These numbers really confirm what we've been fairly certain of all along: that if people heard my conservative message, they would respond." 2nd District candidates anti-Washington Heck collects $311,120 in campaign donations Lippold ends bid for 2nd Congressional District Court order blocks North Las Vegas Ward 4 winner In wake of allegation, congressman will resign Ga. mom gets probation in son's jaywalking death Wealth gap widens between whites, minorities Invisible wounds of war: There's an app for that? Somali 7-month-old weighs the same as newborn Accord by NFL players, owners ends 18-week lockout Judge's ruling halts North Las Vegas Angle said voters can look at her eightspecial election year record in the Assembly that shows a consistent pattern of opposing taxes and supporting smaller government. Those are two tenets of the Tea Party movement and conservative values in opposition to the Democratic Party's hold on Congress and the White House, government bailouts of industry, and Reid's and President Barack Obama's signature health insurance overhaul. Lowden said she wasn't worried about the tightening primary race nine days before early voting starts May 22 and three weeks before the June 8 vote. "We're confident that our lead will hold," Lowden said in an interview in Las Vegas. "We'll have a strong get-out-the-vote effort. You only need one more vote to win, but we'll win by more than that." According to the Mason-Dixon poll, if the Republican primary were held today: Lowden would win 30 percent of the vote; Angle 25 percent; Tarkanian 22 percent; John Chachas 3 percent; and Chad Christensen 2 percent. Giants visit the Obama, 2 Charged in White House Boehner in SF Giants' Fan Prime-time Beating Face Debt Duel Judge Calendar Search EVENTS CONCERTS MOVIES DINING Select a tab above, and enter your search Submit an event | Advanced search This Week Tue 7/26 Wed 7/27 Thu 7/28 Fri 7/29 Sat 7/30 Sun 7/31 Mon 8/1 Hot Tickets Zumanity... | Tue. 7/26 7:30 p.m. The telephone survey of 500 likely Republican voters in Nevada was taken on Monday and Tuesday and has a margin of error of plus or minus 4.5 percentage points. Utah Shakespeare... | Tue. 7/26 2:00 p.m. Celine Dion:... | Tue. 7/26 7:30 p.m. Cirque du Soleil... | Wed. 7/27 7:30 p.m. In a similar Mason-Dixon survey taken April 5 to 7, Lowden led the crowded field of 12 Republicans with 45 percent support compared with 27 percent for Tarkanian, 5 percent for Angle, 4 percent for Las Vegas Assemblyman Christensen and 3 percent for Chachas, an Ely native and Wall Street investment banker. "Lowden's loss has been Angle's gain," said Mason-Dixon pollster Brad Coker. "Lowden has been the anointed front-runner for a couple of months, which made her a target for everybody. And Angle got the Tea Party endorsement, and she's the most conservative candidate running." Angle also has a history "of running strong down the stretch" in close elections, Coker added. In 2006, Angle was all but counted out in a congressional GOP primary until the last few weeks, and then she narrowly lost to Rep. Dean Heller by fewer than 500 votes. Two years ago, she almost beat state Senate Minority Leader Bill Raggio, R-Reno, one of Nevada's most powerful lawmakers. iHeartRadio Music... | Sat. 9/24 7:30 p.m. Marketplace Ads and Coupons Autos Homes Jobs Classifieds Find a Business Local Business Search "Obviously, Angle still has her homestretch legs," Coker said, although he added that anything can happen in such a competitive race. "I think you have to be conservative and say it's a three-way race. But trend-wise, Angle has jumped out quickly and has the momentum." The Tea Party Express, the national group that held an anti-Reid protest in the senator's hometown of Searchlight in late March, shook up the race April 15 when it endorsed Angle at a Tax Day news conference in Washington, D.C. The group's political action committee has been raising money for Angle with a goal of $500,000. It already has spent $200,000 for her, including on radio and TV ads. Meantime, Angle has been stacking up endorsements from more than two dozen conservative groups and people, from Gun Owners of America to "Joe the Plumber." http://www.lvrj.com/news/tea-party-power-fuels-angle-93662969.html[7/26/2011 10:25:42 AM] Search See Popular Searches Featured Business ... [MORE] Tea Party power fuels Angle - News - ReviewJournal.com Angle's name recognition has jumped to 85 percent compared with 67 percent about a month ago. Only 4 percent of GOP primary voters do not know Lowden's name, and only 3 percent do not know Tarkanian, a real estate developer and former basketball star for the University of Nevada, Las Vegas, whose dad is well-known ex-basketball coach Jerry Tarkanian. The Tarkanian campaign expressed skepticism that Angle had risen so high so fast. Jamie Fisfis, consultant to the campaign, said his tracking polls show Angle moving up to 16 percent support, Lowden dropping to 30 percent and Tarkanian gaining to tie the GOP front-runner in his best showing so far. "In my mind it's still a two-way race because Angle does not have the name recognition to be ahead of either of the two candidates in contention," Fisfis said. Lowden blamed part of her recent drop in the polls to attacks from both her GOP foes -- especially Tarkanian -- and Reid, whose campaign has focused on her, criticizing her record as a casino executive who with her husband, Paul Lowden, has owned and managed four hotel-casinos. The Reid campaign has released records that show problems with health and safety violations at the Lowden properties over the years that resulted in heavy fines and offered details of angry disputes with the unions over medical benefits for their workers. Tarkanian has criticized Lowden for voting for fees as a lawmaker in the early 1990s and for telling a reporter recently that she understood why some members of Congress voted for the first government bailout during the Bush administration when lawmakers said it was needed to avoid massive business failures and a depression. She since has said she wouldn't have voted for bailouts then or now. "It's not unexpected that the race would tighten after Harry Reid has spent $8 million going after me," Lowden said Wednesday, referring to how much his campaign has spent. "The Reid campaign and Harry Reid do not want me to come out of this primary, and so they have targeted me." In the past month, Lowden has been dogged by near daily attacks by the Democratic Party for suggesting people could barter with their doctors for cheaper health care. She defended her remarks made at a town hall meeting in Mesquite by saying that in the old days, people even used chickens to barter, a comment that prompted video spoofs and late-night talk show jokes about her. The gaffe hasn't had much effect on Republican primary voters, however, according to the new Mason-Dixon poll, which asked what effect her remarks would have on support for her. Some 70 percent of those polled said Lowden's bartering remarks would have "no effect" on their voting decision, 15 percent said they would be "less likely" to vote for her, and 12 percent said they would be "more likely" to vote for her. Another 3 percent said they weren't sure. Lowden said that during her campaign stops in rural Nevada, voters have told her that they're still bartering with doctors to get cheaper medical care in some cases. "I never said this was my health care policy, but bartering is still happening out there in rural Nevada," Lowden said Wednesday. "Harry Reid is the one who's out of touch if he doesn't know that." Lowden has been running a primary and general campaign at the same time, which has cost her support among staunch conservatives and Tea Party movement supporters. According to the new poll, 58 percent said they consider themselves "a supporter of the Tea Party movement." Another 27 percent do not, and 15 percent said they don't know or refused to answer. "I am a member of the Tea Party movement, as well, and many of my supporters and volunteers are members," said Lowden, who http://www.lvrj.com/news/tea-party-power-fuels-angle-93662969.html[7/26/2011 10:25:42 AM] Tea Party power fuels Angle - News - ReviewJournal.com spoke at the Tea Party Express event in Searchlight and has attended many local Tea Party group events as candidates compete for that key slice of the 2010 vote. "It's not unexpected that Sharron would get their support, but they know I'm one of them, too." Contact Laura Myers at lmyers@reviewjournal.com or 702-3872919. Trending topics: Chad Christensen Danny Tarkanian Harry Reid John Chachas Laura Myers Mason-Dixon poll primary Republican Sharron Angle Sue Lowden voters Comments (115) Share your thoughts on this story. You are not currently logged in. You must be registered to comment.Register | Sign in | Terms and Conditions Submit Some comments may not display immediately due to an automatic filter. These will be reviewed within 24 hours. Please do not submit a comment more th Note: Comments made by reporters and editors of the Las Vegas Review-Journ presented with a yellow background. Report abuse Bob Dobolina wrote on May 20, 2010 08:59 PM: I think Lowden is out of this. Her poll numbers are down 20 points sinc suggested that people should pay their doctors with chickens, then den had ever said it. Saying something dumb is one thing. But lying about (especially when you said it on camera) is really stupid. Report abuse Just_Me wrote on May 17, 2010 02:30 PM: What to do - what do do Lowden blew the GOP convention - NO Tarkanian - nothing but daddy's name -NO Angle - Nice , but dingy -Enough with the California-style property taxe That leaves ChaChas & Christensen. Chachas' family lives in New York Chad Christensen gets my vote! Report abuse Brigham wrote on May 16, 2010 12:08 PM: Reid is the most corrupt of all of them. We don't need anymore of his b deals, bribes and name calling. He got more money from Wall St. than republicans yet he pointing a finger just like Obama. Reid wants to mak legal for the votes. Then they can take more of our jobs and services. Reid is nothing but a disgusting despicable crook. Vote for anyone but Reid! Report abuse Dan Fitzgerald wrote on May 14, 2010 06:54 PM: Sue Lowden was the GOP chair who delayed, then adjourned the state when it became apparent that Ron Paul was going to win delegates to t Convention. She put John McCain above Nevadans, and ignored the rule led to a result she didn't like. http://www.lvrj.com/news/tea-party-power-fuels-angle-93662969.html[7/26/2011 10:25:42 AM] Tea Party power fuels Angle - News - ReviewJournal.com Report abuse Wallbanger wrote on May 14, 2010 07:10 AM: Tea Party Express is made up of RINO's...Republican Party thinks they c the Tea Party movement to help them elect the same status-quo Oathpoliticians they always have!! Our military, law enforcement, and ELECTED OFFICIALS need to HONO OATH TO THE U.S. CONSTITUTION!!! oathkeepers.org Report abuse Brigham Young wrote on May 14, 2010 07:04 AM: Reid, Tark and Lowden have corruption in common, Reid being public e Report abuse Peter.K wrote on May 14, 2010 06:42 AM: There are a great number of 48-year-old men that have a lot better re Mr. Tarkanian. The problem they have is that they don't have a famous ergo, a recognizable name. Other than his name, Mr. Tarkanian is an un person. He offers no qualifications for the office which he seeks other th name. He has pointed-out Sue Lowden's shortcomings and flip-flops an Republicans should be grateful but he has really advanced no reason wh qualified to represent us and no record by which we can measure his st to the principles he preaches. Accordingly, it appears that Angle is the c who measures up to the job as she has a solid record of upholding the of Nevada and the USA. Report abuse Tark is a Gun Hater wrote on May 14, 2010 02:09 AM: Danny Tarkanian will take your gun rights. http://media.washingtontimes.com/media/docs/2009/Dec/16/Nevada_T http://media.washingtontimes.com/media/audio/2009/12/17/brady.mp Report abuse Hairy Weed wrote on May 13, 2010 08:45 PM: Great News, now people need to wake up and support Montandon for G well. NO MORE RINOs. Kenny Guinn was a disaster for Nevada, now his guy Sandoval is running? - No f-ing way. Report abuse Sue is a JOKE! wrote on May 13, 2010 08:22 PM: Sue LOWden's version of capitalism: Marry a Rich Man! Read More Comments Contact the R-J Report a news tip/press release Privacy Statement Subscribe Send a letter to the editor RSS Report a delivery problem Print announcement forms Twitter Put the paper on hold Jobs at the R-J Facebook Copyright © Stephens Media LLC 1997 - 2011 http://www.lvrj.com/news/tea-party-power-fuels-angle-93662969.html[7/26/2011 10:25:42 AM] Advertise with us Stephens Media, LLC How to link to the RJ

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