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. 2

EXHIBIT B

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 SUPPLEMENTAL DISCLOSURES PURSUANT TO RULE 26(a)(1)(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE (First Set)

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 supplemental disclosures pursuant to 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 OR DEFENSES A. Brian Leitner Systems Administrator Democratic Underground, LLC ("Democratic Underground"). c/o Fenwick & West LLP 555 California Street, 12th Floor San Francisco, California 94104 Mr. Leitner possesses or may possess information relating to the following topics: (1)

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operation of the website <democraticunderground.com> ("Website"); and (2) the existence of the Website online forums, the posting, storage, and display, on the Website, of the unauthorized

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reproduction of the literary work that is the subject of the instant suit.
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B. Kurt Opsahl, Esq. ELECTRONIC FRONTIER FOUNDATION c/o Fenwick & West LLP 555 California Street, 12th Floor San Francisco, California 94104 Mr. Opsahl possesses or may possess information relating to the following topics: (1) the engagement of outside counsel for the specific purpose of increasing litigation fees in cases

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involving Righthaven; (2) Electronic Frontier Foundation's ("EFF") prosecution of claims against Stephens Media LLC despite their lack of merit; (3) EFF's attempts to interject the organization into other Righthaven cases in which it was unable to secure a role as counsel; and (4) EFF's attempts to unnecessarily and without justification bring Stephens Media, LLC in this action for self-promotion and publicity purposes. Righthaven reserves the right to supplement the foregoing 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
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Righthaven, 9960 West Cheyenne Avenue, Las Vegas, Nevada 89129 that are in Righthaven's possession, custody, and control are supplemented to include all materials attached as exhibits to the Complaint and all other motions, oppositions and/or replies thereto, which are publicly available through the Court's electronic filing system. Righthaven reserves the right to supplement the foregoing disclosures as discovery

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continues and at such time as an acceptable stipulated or non-stipulated protective order has been entered by the Court.

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Dated this 17th day of December, 2010. SHAWN A. MANGANO, LTD. 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, 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 17th day of December, 2010, I caused the PLAINTIFF'S SUPPLEMENTAL 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

By: /s/ Carlyn Dilger An Employee of Righthaven

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