Righthaven LLC v. Democratic Underground, LLC et al

Filing 37

DECLARATION of Joseph C. Chu, Esq. re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM ; by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. (Coons, John)

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SHAWN A. MANGANO, ESQ. Nevada Bar No. 6730 [e-mail] SHAWN A. MANGANO, LTD. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 [phone] ­ telephone [phone] ­ facsimile J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff/Counterdefendant Righthaven LLC

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01356-RLH-RHH DECLARATION OF JOSEPH C. CHU IN SUPPORT OF PLAINTIFF/COUNTERDEFENDANT'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM

Plaintiff,
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v.
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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, 1

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v. RIGHTHAVEN LLC, a Nevada limitedliability company; and STEPHENS MEDIA LLC, a Nevada limited-liability company, Counterdefendants.

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I, Joseph C. Chu, declare, under penalty of perjury, that the following is true and correct:
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1.

I am an attorney-at-law admitted to practice in all courts of the State of Nevada. I

have personal knowledge of the facts set forth below, except for those factual statements expressly made upon information and belief, and as to those facts, I believe them to be true. I am over eighteen years old and I am competent to testify to the matters set forth herein. 2. I represent Plaintiff/Counterdefendant Righthaven LLC ("Righthaven"), in the

capacity of staff attorney, in the above-referenced matter. 3. As of November 15, 2010, sixty-nine (69) Righthaven-initiated copyright actions

are pending before the United States District Court for the District of Nevada (the "District of Nevada"). 4. Of the sixty-nine (69) Righthaven-initiated copyright actions currently pending in

the District of Nevada, four (4) of said actions arise from the textual reproduction of less than 75% of an entire Righthaven-owned literary work. 5. Of the sixty-nine (69) Righthaven-initiated copyright actions currently pending in

the District of Nevada, fifty-one (51) of said actions arise from the holistic textual reproduction of an entire Righthaven-owned literary work. 6. As of November 15, 2010, all settlements reached between Righthaven and

Righthaven copyright defendants have been, and are, subject to strict confidentiality provisions. Therefore, specific information concerning said settlement figures cannot be disclosed absent court order.

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Signed and affirmed this fifteenth day of November, 2010 under the pains and penalties of perjury of the State of Nevada and of the United States of America.

/s/ Joseph C. Chu JOSEPH C. CHU, ESQ.

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CERTIFICATE OF SERVICE Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am an employee of Righthaven LLC and that on this fifteenth day of November, 2010, I caused the DECLARATION OF JOSEPH C. CHU IN SUPPORT OF PLAINTIFF/COUNTERDEFENDANT'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM to be served by the Court's CM/ECF system.

By: /s/ J. Charles Coons J. CHARLES COONS, ESQ. Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701

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