Righthaven LLC v. Democratic Underground, LLC et al
Filing
143
Emergency MOTION to Stay re 137 Transcript,, 138 Show Cause Hearing,,,,,,,, by Plaintiff Righthaven LLC. Motion ripe 7/29/2011. (Mangano, Shawn)
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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
Attorney for 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,
Plaintiff,
Case No.: 2:10-cv-01356-RLH-GWF
RIGHTHAVEN LLC’S APPLICATION
FOR EXTENSION OF TIME TO
COMPLY WITH JULY 14, 2011 ORDER
AND FOR CLARIFICATION OF SAME
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,
Counterclaimant,
v.
RIGHTHAVEN LLC, a Nevada limited-liability
company; and STEPHENS MEDIA LLC, a Nevada
limited-liability company,
Counterdefendants.
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SOUGHT ON SHORTENED TIME
PURSUANT TO LR 6-1
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Righthaven LLC (“Righthaven”) hereby applies on shortened time pursuant to LR 6-1 for an
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extension of time to comply with the Court’s July 14, 2011 Order (Doc. # 138, Minutes of
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Proceedings) and for clarification of the Order.
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Righthaven’s application is based on the below Memorandum of Points and Authorities, the
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pleadings and papers on file in this action, any permitted oral argument, and any other matter upon
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which this Court takes notice.
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MEMORANDUM OF POINTS AND AUTHORITIES
On July 14, 2011, the Court conducted a show cause hearing as to Righthaven’s compliance
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with Local Rule 7.1-1, which requires the disclosure of interested parties in all actions. After
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hearing argument from counsel, the Court imposed the following sanctions pursuant to Federal Rule
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of Civil Procedure 11 (“Rule 11”) and under its inherent power to do so:
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1. Produce a copy of the Court’s June 14, 2011 Order (Doc. 3 116, the
“June 14th Order”) to all parties in every pending proceeding involving
Stephens Media LLC (“Stephens Media”) in any jurisdiction in the
country;
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2. Produce a copy of the Strategic Alliance Agreement (the “SAA”) to all
parties in every pending proceeding involving Stephens Media in any
jurisdiction in the country;
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3. Produce a copy of any order from the July 14, 2011 hearing to all
parties in every pending proceeding involving Stephens Media in any
jurisdiction in the country;
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4. Produce a copy of the transcript from the July 14, 2011 hearing to all
parties in every pending proceeding involving Stephens Media in any
jurisdiction in the country; and
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5. Remit payment in the amount of $5,000 to the Court within two weeks.
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(Doc. # 138.)
Righthaven respectfully requests the Court grant it an extension of time to comply
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with the foregoing requirements for the following reasons, which are certified as true by
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its undersigned counsel of record:
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1. Righthaven’s counsel has diligently investigated the number and nature
of Righthaven’s pending cases concerning Stephens Media. Counsel
has identified seventy-eight (78) cases that appear to fall within the
Court’s Order. Counsel’s investigation has further revealed that
service of process has not been made in a significant number of these
cases. Counsel’s investigation has been extremely time consuming and
has also been impacted by numerous pending responses dates in a
significant number of Righthaven and non-Righthaven matters. In
short, performing the degree of due diligence required vastly exceed
the amount of time counsel anticipated dedicating to this portion of
complying with the Court’s Order.
2. Righthaven’s counsel was sent two ECF notices concerning the
minutes of the proceedings from the July 14th hearing. One ECF
notice was generated on July 14th. The Second ECF notice was
generated on July 19th (Doc. # 138), which counsel believed contained
revised or additional language. Counsel mistakenly believed the
compliance dates set forth by the Court were based upon receipt of the
second ECF notice on July 19th.
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3. While there was a transcript of the July 14th proceedings docketed in
the matter, counsel could not access the transcript without ordering a
copy. Righthaven, at counsel’s instruction, ordered the transcript. A
PDF copy of the transcript was received on July 26th, only a few days
from the compliance date and during which time counsel was
dedicating significant briefing efforts to the Righthaven LLC v.
Pahrump Life (“Pahrump Life”), Righthaven LLC v. Hoehn (“Hoehn”),
Righthaven LLC v. DiBiase (“DiBiase”), and Righthaven LLC v.
Mostofi (“Mostofi”) matters. These filings included a substantive,
supplemental reply brief in Pahrump Life, responses to motions for
attorneys’ fees and costs in Hoehn and DiBiase, a response to a motion
for enlargement of time to file a motion for attorney’s fees in Mostofi,
and the preparation of mediation questionnaires for the United States
Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) in Hoehn
and DiBiase. Counsel additionally had to prepare for and attend an
OSC hearing in the Pahrump Life matter, as well as attend to nonRighthaven related client matters.
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4. Counsel has additionally researched potential grounds to appeal the
monetary sanction imposed by the Court. This task has taken a
significant period of time and it has resulted in a preliminary
determination that Righthaven may not be permitted to appeal the
monetary sanction against it until a final judgment is entered in this
case. In such instances, other district courts have issued a temporary
stay of payment until final judgment is entered. Counsel wishes to file
a request for temporary stay by August 5th for the Court’s
consideration and, on that basis, requests the compliance date for
payment of the monetary sanction be extended or stayed until
consideration of this filing.
5. Counsel has additionally investigated the possibility of posting a bond
in lieu of payment of the monetary sanction. However, given the
absence of a final judgment from which an appeal can be taken, it is
virtually impossible to obtain a bond. Again, the impediment to
obtaining a bond is apparently uniquely attributable to the current
procedural posture of this case.
6. As of now, counsel still is investigating how to provide non-served
parties with the materials required under the Order. Counsel requests
clarification as to whether ECF filing of the required materials will
constitute compliance with the Court’s Order in this pending matters.
7. An issue has arisen as to whether cases that have been closed through
entry of judgment in the district court, but are on appeal to the Ninth
Circuit, constitute “pending actions” as set forth in the Court’s Order.
Counsel requests clarification as to this issue so that Righthaven may
fully meet its compliance obligations under the Order.
8. Counsel anticipates that upon clarification of the foregoing issues,
Righthaven can fully comply with the production of required materials
to the active cases involving Stephens Media’s assigned content within
ten (10) days following receipt of such clarification from the Court. In
the interim, Righthaven will continue to assemble materials and
produce same as required by the Court’s Order.
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For the foregoing reasons, Righthaven respectfully requests the Court grant its application for
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an extension of time to comply with the Court’s July 14th Order. Righthaven’s counsel requests that
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the extension of time, if granted, be for a period of ten (10) days following receipt of clarification of
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the issues identified above, i.e., production of materials to defendants not yet served and whether
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cases closed by the district court through entry of judgment that are subject to appeal constitute
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“pending actions” under the Court’s Order. Righthaven additionally asks that payment of the
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monetary sanction be extended or stayed until the Court can consider its motion for stay pending
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entry of final judgment, which counsel anticipates filing on August 5th.
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Dated this 28th day of July, 2011.
SHAWN A. MANGANO, LTD.
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
Tel:
(702) 304-0432
Fax:
(702) 922-3851
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Attorney for Righthaven LLC
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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I on this 28th day of
July, 2011, I served a copy of the foregoing document via the Court’s CM/ECF’s system.
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SHAWN A. MANGANO, LTD.
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By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
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