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)

EXHIBIT 6

Tea Party power fuels Angle - News - ReviewJournal.com

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Tea Party power fuels Angle

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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

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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
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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.

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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.

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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.

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"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."

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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 [e-mail] 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)

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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!

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