Righthaven LLC v. Democratic Underground, LLC et al

Filing 146

STIPULATION FOR EXTENSION OF TIME (First Request) re 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,,, 136 Supplement, 134 Supplement, 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2), 135 Stipulation, 140 Response to Motion,,,, ; by Plaintiff Righthaven LLC. (Mangano, Shawn)

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1 2 3 4 5 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 9 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 10 Attorneys for Proposed Intervenor Righthaven LLC 6 7 8 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 22 DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company, Counterclaimant, 23 24 v. 25 RIGHTHAVEN LLC, a Nevada limited-liability company; and STEPHENS MEDIA LLC, a Nevada limited-liability company, 26 27 Counterdefendants. 28 1 Case No.: 2:10-cv-01356-RLH-GWF JOINT STIPULATION AND ORDER FOR EXTENSION OF TIME AND TO REVISE BREIFING SCHEDULE TO PERMIT LIMIED SUR-REPLY CONCERNING 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 FOR EXTENSION OF TIME AND SECOND REQUEST TO REVISE BRIEFING SCHEDULE) 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, 8 asserting its intervention was as of right pursuant Federal Rule of Civil Procedure 24(a)(2) 9 (“Application”). (Dkt. 120.) In its Application, Righthaven addressed the asserted basis for its 10 standing to sue for copyright infringement under the Clarification and Amendment to Strategic 11 Alliance Agreement (“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. Dkt. 28, Case. No. 2:11-CV-00050- 22 PMP-RJJ (D. Nev.) (Pro, J.) 23 5. On July 13, 2011, the Court entered the first joint stipulation and order setting a 24 briefing schedule requested by the parties concerning Righthaven’s application to intervene and 25 Stephen’s Media’s motion for reconsideration. (Dkt. 135.) 26 27 6. On July 13, 2011, Stephens Media supplemented its motion for reconsideration. (Dkt. 136.) 28 2 7. 1 2 On July 26, 2011, Democratic Underground filed its response to Righthaven’s application to intervene and Stephens Media’s motion for reconsideration (Dkt. 140.) 8. 3 Both Righthaven and Stephens Media would like an extension of time to file their 4 respective reply briefs in support of their pending motions. Democratic Underground would like 5 to have an opportunity to file a sur-reply not to exceed seven (7) pages in response to 6 Righthaven’s and Stephens Media’s submissions. Therefore, the parties agree to, and respectfully 7 request, a revised briefing schedule as follows: 8 • 9 Stephens Media shall have until August 5, 2011 to file its reply brief in support of its motion for reconsideration and Righthaven shall have until August 5, 2011 to file its reply brief in support of its application to intervene. 10 11 • 12 Democratic Underground shall have until August 12, 2011 to file a single surreply memorandum not to exceed seven (7) pages in length that responds to 13 Righthaven’s reply in support of its application to intervene and Stephens Media’s 14 reply in support of its motion for reconsideration. 15 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 1 2 3 This stipulation is sought in good faith and not for purposes of delay. Dated this 2nd day of August, 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 4 5 6 7 8 9 10 11 12 13 14 15 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 Proposed Intervenor bowers@lawyer.com Righthaven LLC 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 Attorneys for Stephens Media LLC Media 16 17 18 IT IS SO ORDERED: 19 20 _________________________________________ UNITED STATES DISTRICT COURT JUDGE 21 22 DATED:___________________________ 23 24 25 26 27 28 4

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