Righthaven LLC v. Democratic Underground, LLC et al

Filing 168

MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Responses due by 11/17/2011. (Attachments: # 1 Declaration of Kurt Opsahl In Support of Motion for Summary Judgment on Counterclaim, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9 (redacted), # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12 (redacted), # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17 (redacted), # 19 Proposed Order Granting Democratic Underground's Motion for Summary Judgment)(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.
[PROPOSED] ORDER
GRANTING DEMOCRATIC
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN, UNDERGROUND’S MOTION
FOR SUMMARY JUDGMENT
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.
[PROPOSED] ORDER GRANTING MOTION
FOR SUMMARY JUDGMENT

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

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[PROPOSED] ORDER
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Counterclaimant Democratic Underground, LLC’s Motion for Summary Judgment is
GRANTED. The Court finds that the undisputed facts demonstrate no volitional act by
Counterclaimant Democratic Underground, LLC or David Allen, as required to sustain a claim
for direct copyright infringement. The Court also finds that the undisputed facts demonstrate that
the use in question was fair use as a matter of law. Judgment in favor of Democratic
Underground, LLC on its Counterclaim in this action shall be, and hereby is, entered accordingly.

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

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[PROPOSED] ORDER GRANTING MOTION
FOR SUMMARY JUDGMENT

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