Righthaven LLC v. Democratic Underground, LLC et al

Filing 172

ORDER GRANTING 170 Stipulation to Stay Discovery Until Adjudication of Pending Motion for Summary Judgment. Signed by Magistrate Judge George Foley, Jr on 10/25/11. (Copies have been distributed pursuant to the NEF - ECS)

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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]
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,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.

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

JOINT INTERIM STATUS
REPORT AND JOINT
STIPULATION AND
[PROPOSED] ORDER TO STAY
DISCOVERY UNTIL
ADJUDICATION OF PENDING
MOTION FOR SUMMARY
JUDGMENT

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 (SECOND REQUEST)
company,
Counterdefendants.
JOINT INTERIM STATUS REPORT, STIP.
AND [PROPOSED] ORDER STAYING
DISCOVERY UNTIL ADJUD. OF MSJ

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

Case 2:10-cv-01356-RLH -GWF Document 170

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Filed 10/24/11 Page 2 of 3

Pursuant to Local Rule 26-3, Counterclaimant Democratic Underground, LLC

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(“Democratic Underground”) and Counterdefendant Stephens Media LLC (“Stephens Media”),

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submit the following interim status report:

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1. The parties estimate that the length of trial required for this case is 4-5 days.

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2. The Parties are available for the following trial dates:

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a. May 7, 2012 - May 11, 2012

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b. May 14, 2012 - May 18, 2012

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c. May 21, 2012 - May 25, 2012
3. Trial will potentially be eliminated by Democratic Underground’s Motion for

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SAN FRANCISCO

pending Motion for Summary Judgment, the Parties have stipulated to and request

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ATTORNEYS AT LAW

Summary Judgment On Counterclaim filed today, October 24, 2011. Given the

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F ENWICK & W EST LLP

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the following modifications to the discovery schedule.

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IT IS HEREBY STIPULATED BETWEEN Counterclaimant Democratic Underground,

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LLC (“Democratic Underground”) and Counterdefendant Stephens Media LLC (“Stephens

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Media”), through their attorneys of record, as follows:

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1.

On October 24, 2011, Counterclaimant Democratic Underground filed a Motion

for Summary Judgment on Counterclaim.
2.

Discovery is currently set to close on December 23, 2011, with expert disclosure

due to begin on November 8, 2011. (Dkt. 159).
3.

Resolution of the Motion for Summary Judgment currently pending before the

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Court may be dispositive of the Counterclaim, the sole remaining claim in this action. In the

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interest of reducing potentially unnecessary depositions and expense, the parties agree and

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respectfully request to the Court to stay all discovery (unless discovery is found to be essential to

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resolution of the Motion for Summary Judgment), and to extend all discovery deadlines in this

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action for the time until the pending Motion for Summary Judgment is adjudicated, under the

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conditions described in this stipulation.

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4.

All current discovery deadlines in the Court’s Scheduling Order (Dkt. 159),

including deadlines for initial and rebuttal expert disclosures, shall be tolled (extended) for the
JOINT INTERIM STATUS REPORT, STIP.
AND [PROPOSED] ORDER STAYING
DISCOVERY UNTIL ADJUD. OF MSJ

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

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duration of time from today (October 24, 2011) until ruling by the Court on the pending Motion

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for Summary Judgment on Counterclaim. Within 10 days of such ruling, the parties shall submit

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a proposed agreed order resetting discovery dates on an equivalent schedule.
5.

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This is the second request for an extension of the discovery schedule. The first

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request for extension of discovery was filed on February 22, 2011 (Dkt. 70) and granted by the

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Court on February 24, 2011 (Dkt. 71).
6.

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This stipulated extension of discovery is sought in good faith and not for the

Court adjudicates the pending Motion for Summary Judgment before it or determines that such

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discovery is necessary.

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written discovery, deposition and expert-related attorneys’ fees and costs until such time as the

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ATTORNEYS AT LAW

purposes of delay. Rather, this stay is sought in the interest of saving the parties the expense of

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F ENWICK & W EST LLP

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Dated this 24 day of October, 2011

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FENWICK & WEST LLP

CAMPBELL & WILLIAMS

By:

By:

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/s/ Laurence F. Pulgram
LAURENCE F. PULGRAM

/s/ J. Colby Williams
J. COLBY WILLIAMS

Laurence Pulgram, Esq.
Fenwick & West LLP
555 California Street, 12th Floor
San Francisco, CA 94104

J. Colby Williams, Esq.
Campbell & Williams
700 South Seventh Street
Las Vegas, Nevada 89101

Attorneys for Counterclaimant
DEMOCRATIC UNDERGROUND, LLC

Attorneys for Counterdefendant
STEPHENS MEDIA, LLC

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IT IS SO ORDERED:

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GEORGE FOLEY, Jr.
United States Magistrate Judge

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October 25, 2011
DATED: _____________________

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JOINT INTERIM STATUS REPORT, STIP.
AND [PROPOSED] ORDER STAYING
DISCOVERY UNTIL ADJUD. OF MSJ

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