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)
1
2
3
4
5
6
7
8
9
10
11
SAN FRANCISCO
ATTORNEYS AT LAW
F ENWICK & W EST LLP
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
lpulgram@fenwick.com
JENNIFER J. JOHNSON (CA State Bar No. 252897) (pro hac vice)
jjjohnson@fenwick.com
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
cwebb@fenwick.com
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone:
(415) 875-2300
Facsimile:
(415) 281-1350
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
kurt@eff.org
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
corynne@eff.org
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone:
(415) 436-9333
Facsimile:
(415) 436-9993
CHAD BOWERS (NV State Bar No. 7283)
bowers@lawyer.com
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone:
(702) 457-1001
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
1
Filed 10/24/11 Page 2 of 3
Pursuant to Local Rule 26-3, Counterclaimant Democratic Underground, LLC
2
(“Democratic Underground”) and Counterdefendant Stephens Media LLC (“Stephens Media”),
3
submit the following interim status report:
4
1. The parties estimate that the length of trial required for this case is 4-5 days.
5
2. The Parties are available for the following trial dates:
6
a. May 7, 2012 - May 11, 2012
7
b. May 14, 2012 - May 18, 2012
8
c. May 21, 2012 - May 25, 2012
3. Trial will potentially be eliminated by Democratic Underground’s Motion for
9
SAN FRANCISCO
pending Motion for Summary Judgment, the Parties have stipulated to and request
12
ATTORNEYS AT LAW
Summary Judgment On Counterclaim filed today, October 24, 2011. Given the
11
F ENWICK & W EST LLP
10
the following modifications to the discovery schedule.
13
IT IS HEREBY STIPULATED BETWEEN Counterclaimant Democratic Underground,
14
LLC (“Democratic Underground”) and Counterdefendant Stephens Media LLC (“Stephens
15
Media”), through their attorneys of record, as follows:
16
17
18
19
20
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
21
Court may be dispositive of the Counterclaim, the sole remaining claim in this action. In the
22
interest of reducing potentially unnecessary depositions and expense, the parties agree and
23
respectfully request to the Court to stay all discovery (unless discovery is found to be essential to
24
resolution of the Motion for Summary Judgment), and to extend all discovery deadlines in this
25
action for the time until the pending Motion for Summary Judgment is adjudicated, under the
26
conditions described in this stipulation.
27
28
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
1
CASE NO. 2:10-CV-01356-RLH (GWF)
1
duration of time from today (October 24, 2011) until ruling by the Court on the pending Motion
2
for Summary Judgment on Counterclaim. Within 10 days of such ruling, the parties shall submit
3
a proposed agreed order resetting discovery dates on an equivalent schedule.
5.
4
This is the second request for an extension of the discovery schedule. The first
5
request for extension of discovery was filed on February 22, 2011 (Dkt. 70) and granted by the
6
Court on February 24, 2011 (Dkt. 71).
6.
7
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
11
discovery is necessary.
12
SAN FRANCISCO
written discovery, deposition and expert-related attorneys’ fees and costs until such time as the
10
ATTORNEYS AT LAW
purposes of delay. Rather, this stay is sought in the interest of saving the parties the expense of
9
F ENWICK & W EST LLP
8
Dated this 24 day of October, 2011
13
14
FENWICK & WEST LLP
CAMPBELL & WILLIAMS
By:
By:
15
16
17
18
19
20
/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
21
IT IS SO ORDERED:
22
23
24
GEORGE FOLEY, Jr.
United States Magistrate Judge
25
26
October 25, 2011
DATED: _____________________
27
28
JOINT INTERIM STATUS REPORT, STIP.
AND [PROPOSED] ORDER STAYING
DISCOVERY UNTIL ADJUD. OF MSJ
2
CASE NO. 2:10-CV-01356-RLH (GWF)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?