Righthaven LLC v. Democratic Underground, LLC et al

Filing 41

ORDER GRANTING 40] Stipulation to Extend Deadlines. Replies due by 12/21/2010 re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM and [ 38 MOTION to Dismiss or Strike. Signed by Chief Judge Roger L. Hunt on 11/29/10. (Copies have been distributed pursuant to the NEF - ECS)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAURENCE F. PULGRAM (CSB NO. 115163) (pro hac vice) lpulgram@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, California 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 KURT OPSAHL (pro hac vice) kurt@eff.org CORYNNE MCSHERRY (pro hac vice) corynne@eff.org ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 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. 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:10-cv-01356-RLH (RJJ) JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND AND REPLY TO MOTIONS TO DISMISS (FIRST REQUEST) JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF AND COUNTERDEFENDANTS' MTNS TO DISMISS CASE NO. 2:10-CV-01356-RLH (RJJ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HERBY STIPULATED BETWEEN Defendants and Counterclaimant, Democratic Underground and David Allen (collectively "Defendants"), though their attorneys of record, and Plaintiff and Counterdefendant, Righthaven LLC, and Counterdefendant Stephens Media LLC, though their attorneys of record, as follows: 1. At the Counterdefendants' request, the parties previously stipulated to extend Counterdefendants' deadline to respond to the counterclaim for 30 days, until November 17, 2010. See Docket No. 29. 2. On November 15, 2010, Counterdefendant Righthaven LLC responded by filing a motion to voluntarily dismiss its Complaint in this action and to dismiss the Counterclaim. See Docket No. 36. Defendants' response to this motion is currently due on December 2, 2010 pursuant to Local Rules. 3. On November 17, 2010, Counterdefendant Stephens Media LLC responded by filing a motion to dismiss or strike the Counterclaim and a joinder to Counterdefendant Righthaven LLC's motion to voluntarily dismiss. See Docket Nos. 38 & 39. Defendants' responses to these motions are currently due on December 6, 2010 pursuant to Local Rules. 4. The parties agree that it will benefit efficiency in disposition of this action and reduce any unnecessary burden on this Court for Defendants' responses to these motions to be filed at the same time. Accordingly, the parties have agreed to extend Defendants' deadline to respond to Righthaven LLC's and Stephens Media LLC's motions, Docket numbers 36, 38 and 39, until December 7, 2010. 5. In light of this extension of Defendants' time to respond, Counterdefendants have requested and the parties have further agreed that Plaintiff's and Counterdefendants' time to file a reply in support of their respective motions should likewise be extended to December 21, 2010. This is the first request for such an extension. This stipulated extension is sought in good faith and not for the purposes of delay. JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF AND COUNTERDEFENDANTS' MTNS TO DISMISS 1 CASE NO. 2:10-CV-01356-RLH (RJJ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: Dated this 23rd day of November, 2010 FENWICK & WEST LLP RIGHTHAVEN LLC /s/ Laurence Pulgram LAURENCE PULGRAM, ESQ By: /s/ Shawn A. Mangano SHAWN A. MANGANO, ESQ Laurence Pulgram, Esq. Fenwick & West LLP 555 California Street, 12th Floor San Francisco, California 94104 Attorneys for Defendant and Counterclaimant DEMOCRATIC UNDERGROUND, LLC, and Defendant DAVID ALLEN Shawn A. Mangano, Esq. Shawn A. Mangano, Ltd. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129 Attorneys for Plaintiff/Counterdefendant RIGHTHAVEN LLC STEPHENS MEDIA LLC By: /s/ J. Colby Williams J. COLBY WILLIAMS, ESQ J. Colby Williams, Esq. Campbell & Williams 700 South Seventh Street Las Vegas, Nevada 89101 Attorneys for Counterdefendant STEPHENS MEDIA LLC IT IS SO ORDERED: _________________________________ UNITED STATES DISTRICT JUDGE November 29, 2010 DATED:__________________________ JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF AND COUNTERDEFENDANTS' MTNS TO DISMISS 2 CASE NO. 2:10-CV-01356-RLH (RJJ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTORNEY ATTESTATION In accordance with the Court's Special Order No. 109, dated September 30, 2005, I hereby attest that concurrence in the filing of this document has been obtained from the signatories indicated by a "conformed" signature (/s/) within this e-filed document: /s/ Kurt Opsahl Kurt Opsahl (Pro Hac Vice) JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF AND COUNTERDEFENDANTS' MTNS TO DISMISS 3 CASE NO. 2:10-CV-01356-RLH (RJJ)

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