Righthaven LLC v. Democratic Underground, LLC et al

Filing 167

MOTION to Seal Portions of Democratic Underground's Motion for Summary Judgment ("Consolidated Opposition") and Exhibits 9 and 12-17 of the Supporting Declaration of Kurt Opsahl by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Motion ripe 10/24/2011. (Attachments: # 1 Proposed Order Granting Democratic Underground's Motion to File Documents Under Seal)(Johnson, Jennifer)

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LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
[e-mail]
JENNIFER J. JOHNSON (CA State Bar No. 252897) (pro hac vice)
[e-mail]
CLIFFORD C. WEBB (CA State Bar No. 260885) (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, Case No. 2:10-cv-01356-RLH (GWF)
Plaintiff,
v.
MOTION TO FILE DOCUMENTS
UNDER SEAL
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
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.
MOTION TO SEAL

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

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REQUEST TO SUBMIT DOCUMENTS UNDER SEAL
Counterclaimant Democratic Underground, LLC (“Democratic Underground”) hereby

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respectfully requests that the Court permit it to submit, under seal, portions of Democratic

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Underground’s Motion for Summary Judgment (“Consolidated Opposition”), and Exhibits 9 and

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12-17 of the Supporting Declaration of Kurt Opsahl (“Opsahl Decl.”).

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All of these Exhibits were designated as “Confidential Attorneys Eyes Only” or

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“Confidential” by Stephens Media under the Stipulated Protective Order entered by the Court on

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February 14, 2011. Documents and information that have been designated by a party as

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“Confidential Attorneys’ Eyes Only” can only be submitted to the Court under seal. See Dkt. 65,

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¶ 12. While Democratic Underground does not maintain that Exhibits 9 and 12-17 are

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appropriately designated under either the terms of the Stipulated Protective Order or applicable

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law, and does not contend that the Exhibits should ultimately be maintained under seal,

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Democratic Underground is required at this time to submit these Exhibits under seal. The same is

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true for portions of Democratic Underground’s Consolidated Opposition which quote from and

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summarize the contents of the Exhibits.

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Accordingly, Democratic Underground respectfully requests that the Court allow it to

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conditionally submit these documents under seal, until such time as Stephens Media provides a

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basis for this Court to maintain them under seal.

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Dated: October 24, 2011

FENWICK & WEST LLP

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By: /s/ Jennifer J. Johnson
Jennifer J. Johnson

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Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN

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MOTION TO SEAL

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