Righthaven LLC v. Democratic Underground, LLC et al

Filing 63

DECLARATION of KURT OPSAHL IN SUPPORT OF re 45 Cross MOTION for Summary Judgment, 62 Reply to Response to Motion ; FOR SUMMARY JUDGMENT by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. (Attachments: # 1 Exhibit A (Righthaven Initial Disclosures), # 2 Exhibit B (Righthaven First Supplemental Initial Disclosure), # 3 Exhibit C (Stephens Media RFA Excerpt))(Pulgram, Laurence)

Righthaven LLC v. Democratic Underground, LLC et al

Doc. 63 Att. 1

EXHIBIT A

Dockets.Justia.com

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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 Tel: [phone] Fax: [phone] J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven LLC JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven LLC Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff Righthaven LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01356-RLH-RJJ PLAINTIFF'S INITIAL DISCLOSURES, PURSUANT TO RULE 26(a)(1)(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE

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

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DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company, Counterclaimant, v. RIGHTHAVEN LLC, a Nevada limitedliability company; and STEPHENS MEDIA LLC, a Nevada limited-liability company, Counterdefendants.

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Righthaven LLC ("Righthaven") makes the following initial disclosures pursuant to the requirements of Rule 26(a)(1)(A) of the Federal Rules of Civil Procedure. I. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION THAT RIGHTHAVEN MAY USE TO SUPPORT ITS CLAIMS A. Person most knowledgeable ("PMK") of the dispute affiliated with the Democratic Underground, LLC ("Democratic Underground").

The PMK for Democratic Underground possesses or may possess information relating to the following topics: operation of the website <democraticunderground.com> (the "Website"), the existence of the Website's online forums, the posting, storage, and display, on the Website, of the unauthorized reproduction of the literary work that is the subject of the instant suit.

B. David Allen ("Mr. Allen"), named defendant in the instant suit.

Mr. Allen possesses or may possess information relating to the following topics: operation of the Website, the existence of the Website's online forums, the posting, storage, and display, on the Website, of the unauthorized reproduction of the literary work that is the subject of the instant suit.

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C. PMK of the dispute affiliated with Stephens Media LLC ("Stephens").

The PMK for Stephens possesses or may possess information relating to the following topics: the initial authorship and original publication of the literary work that is the subject of the instant suit (the "Work"), and the assignment of the Work from Stephens to Righthaven.

D. PMK of the dispute affiliated with Righthaven.

The PMK for Righthaven possesses or may possess information relating to the following topics: assignment of the Work from Stephens to Righthaven, and the identification of the unauthorized reproduction of the Work (the "Infringement") by Defendants, Democratic Underground and David Allen ("Mr. Allen"; collectively with Democratic Underground known herein as the "Defendants"). Righthaven reserves the right to supplement the foregoing initial disclosures as discovery continues. II. DESCRIPTION BY CATEGORY AND LOCATION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND TANGIBLE THINGS IN RIGHTHAVEN'S POSSESSION, CUSTODY, OR CONTROL THAT RIGHTHAVEN MAY USE TO SUPPORT RIGHTHAVEN'S CLAIMS

The documents, electronically stored information, and tangible things located at Righthaven, 9960 West Cheyenne Avenue, Las Vegas, Nevada 89129, that are in Righthaven's possession, custody, and control are as follows: the initial authorship and original publication of the Work, the assignment of the Work from Stephens to Righthaven, and the evidence of the Infringement by the Defendants. Righthaven reserves the right to supplement the foregoing initial disclosures as discovery continues.

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III.

COMPUTATION OF CATEGORIES OF DAMAGES CLAIMED BY RIGHTHAVEN Righthaven's damages are statutory in nature as defined in 17 U.S.C. § 504 (c).

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INSURANCE AGREEMENTS Righthaven has no knowledge of any insurance agreements that exist under which an

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insurance business may be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse for payments made to satisfy the judgment. Dated this fifteenth day of December, 2010.

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SHAWN A. MANGANO, LTD.
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By: /s/ Shawn A. Mangano 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 Tel: [phone] Fax: [phone] J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven LLC JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven LLC Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff/ Counter-defendant

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CERTIFICATE OF SERVICE Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on this fifteenth day of December, 2010, I caused the PLAINTIFF'S INITIAL DISCLOSURES, PURSUANT TO RULE 26(a)(1)(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE to be served via electronic mail, and regular U.S. mail to the following address:

Chad A. Bowers, Esq. CHAD A. BOWERS LTD. 3202 West Charleston Boulevard Las Vegas, Nevada 89102 Laurence F. Pulgram, Esq. Clifford C. Webb, Esq. FENWICK & WEST 555 California Street, 12th Floor San Francisco, California 94104 Kurt Opsahl, Esq. Corynne McSherry, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, California 94110 Attorneys for Defendant/ Counterclaimant

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By: /s/ Carlyn Dilger An Employee of Righthaven

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