Righthaven LLC v. Democratic Underground, LLC et al

Filing 153

NOTICE by Plaintiff Righthaven LLC re 138 Show Cause Hearing,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 1)(Mangano, Shawn)

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SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]
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 NOTICE OF
COMPLIANCE WITH JULY 14, 2011
ORDER

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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Righthaven LLC (“Righthaven”) hereby advises of its compliance with the Court’s July 14,
2011 (Doc. # 138, the “July 14th Order”) as set forth herein.

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The July 14th Order required Righthaven to produce a copy of the Strategic Alliance

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Agreement (the “SAA”) to every party in every currently pending case, even those on appeal, in any

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jurisdiction where the copyright infringement allegations involve content assigned by Stephens

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Media, LLC (“Stephens Media”). (Doc. # 138). The July 14th Order also required Righthaven to

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provide a copy of the transcript from the July 14, 2011 Order to Show Cause hearing in the event the

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Court did not issue a formal written Order. (Id.) Righthaven was additionally required to provide a

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copy of the Court’s Order dismissing Righthaven’s claims for lack of standing (Doc. # 116). (Id.)

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Furthermore, Righthaven was ordered to advise the United States District Court for the District of

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Colorado about the July 14th Order. (Id.) Payment of a sanction fee in the amount of $5,000 was

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also ordered.

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Righthaven has complied with the July 14th Order as follows: (1) it has sent copies of the

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Court’s dismissal for lack of standing, the SAA and the July 14, 2011 OSC hearing transcript to

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counsel appearing in all currently pending actions involving Stephens Media content; (2) it has sent

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copies of the Court’s dismissal for lack of standing, the SAA and the July 14, 2011 OSC hearing

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transcript to all addresses on file for all pro se parties appearing in all currently pending actions

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involving Stephens Media content; (3) it has sent the United States District Court for the District of

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Colorado materials required by the July 14th Order, which have additionally been filed electronically

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by counsel for Leland Wolf in Righthaven LLC v. Wolf, Case No. 1:11-cv-00830-JLK; and (4) it has

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sent copies of the Court’s dismissal for lack of standing, the SAA and the July 14, 2011 OSC hearing

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transcript to all defendants that have been served in pending actions, but which have failed to appear

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or against whom that default has been entered. Righthaven has electronically filed certificates of

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service in all pending actions that reflect copies of the required materials have been provided to

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counsel, pro se defendants, and to defending parties upon which service has been effectuated, but

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that have failed to appear or otherwise respond to the operative complaint. A summary of

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Righthaven’s compliance efforts is set forth in the table attached hereto as Exhibit “1”.

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Righthaven has not provided copies of the Court’s dismissal for lack of standing, the SAA

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and the July 14, 2011 OSC hearing transcript to those parties that are named defendants in pending

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actions, but for which service of process of the operative version of the complaint has not been

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effectuated. Righthaven, however, has not deliberately failed to serve or failed to attempt to serve

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any defendant in any pending action. Unfortunately, some named defendants have managed to

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evade service of process or simply cannot be located so that service can be made upon them. Should

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Righthaven effectuate service on any defendant in any pending action that it been able to effectuate

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to date, it will provide those parties with copies of the SAA and the July 14, 2011 OSC hearing

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transcript pursuant to the July 14th Order.

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Dated this 8th day of August, 2011.
SHAWN A. MANGANO, LTD.
By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel:
[phone]
Fax:
[phone]

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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 8th day of
August, 2011, I served the foregoing document via the Court’s CM/ECF system.

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By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.