Righthaven LLC v. Democratic Underground, LLC et al

Filing 166

MOTION for Judgment : Democratic Underground's Motion for Entry of Final Judgment Against Righthaven Under Fed. R. Civ. P. 54(b) by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Responses due by 11/7/2011. (Attachments: # 1 Proposed Order Entering Final Judgment Against Plaintiff Righthaven Under Fed. R. Civ. P. 54(b))(Johnson, Jennifer)

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
[e-mail]
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
[e-mail]
JENNIFER J. JOHNSON (CA State Bar No. 252897) (pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
[e-mail]
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone: [phone]
Facsimile: [phone]
CHAD BOWERS (NV State Bar No. 7283)
[e-mail]
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone: [phone]
Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.

Case No. 2:10-cv-01356-RLH (GWF)

[PROPOSED] ORDER ENTERING
FINAL JUDGMENT AGAINST
PLAINTIFF RIGHTHAVEN
UNDER FED. R. CIV. PROC. 54(B)

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.
[PROPOSED] ORDER ENTERING FINAL
JUDGMENT AGAINST RIGHTHAVEN

CASE NO. 2:10-cv-01356-RLH (GWF)

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ORDER

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Defendant Democratic Underground, LLC’s Motion for Entry of Judgment Against

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Righthaven Under Fed. R. Civ. Proc. 54(b) is GRANTED. The Court finds that there is no just

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reason for delay, that all claims as to Righthaven have been decided, that Righthaven’s claims are

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severable from Democratic Underground’s counterclaim against Stephens Media LLC, and that

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entry of final judgment against Righthaven is in the interest of efficient judicial administration.

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The Court further finds that its June 14, 2011 Order dismissing Rigthaven for lack of

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standing was a dismissal on the merits, and therefore Righthaven is dismissed with prejudice.

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Final judgment in favor of Defendant Democratic Underground and against all claims and causes

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of action of Plaintiff Righthaven LLC in this action shall be, and hereby is, entered accordingly.

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SAN FRANCISCO

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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IT IS SO ORDERED.

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Dated: __________________
The Honorable ROGER L. HUNT
United States District Judge

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[PROPOSED] ORDER ENTERING FINAL
JUDGMENT AGAINST RIGHTHAVEN

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CASE NO. 2:10-cv-01356-RLH (GWF)