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. 3

EXHIBIT C

Dockets.Justia.com

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CAMPBELL & WILLIAMS DONALD J. CAMPBELL, ESQ. (1216) J. COLBY WILLIAMS, ESQ. (5549) 700 South Seventh Street Las Vegas, Nevada 89101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Counterdefendant Stephens Media, LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RIGHTHAVEN LLC, a Nevada limitedliability company, Plaintiff, v. DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company; and DAVID ALLEN, an individual, Defendants. COUNTERDEFENDANTSTEPHENS MEDIA, LLC'S RESPONSES TO DEFENDANT AND COUNTERCLAIMANT DEMOCRATIC UNDERGROUND, LLC'S FIRST SET OF ADMISSIONS Case No.: 2:10-cv-01356-RLH-GWF

DEMOCRATIC UNDERGROUND, LLC, a District of Columbia limited-liability company, Counterc1aimant,

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

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ATTORNEYS AT LAW

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CAMPBELL & WILLIAMS
700 SOUTH SEVENTH STREET LAS VEGAS, NEVADA 89101

PHONE: [phone] FAX: [phone]

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applicable timeframe. Without waiving the foregoing objections, Stephens Media, after reviewing its records, cannot identify a single Page View of the Web Page containing the News Article that was

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directed from the DU website and, therefore, denies the Request. Interrogatory No.2, served concurrently herewith. REQUEST FOR ADMISSION NO. 42:

See also, Response to

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Admit that persons who clicked on the link on the EXCERPT page were directed from the DU WEBSITE to the LVRJ website. RESPONSE NO. 42:

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Request. REQUEST FOR ADMISSION NO. 44: Admit that Righthaven does not charge the LVRJ for LVRJ's use of the NEWS ARTICLE on the LVRJ WEB SITE. RESPONSE NO. 44: Objection. The foregoing Request seeks confidential business andlor commercially Without waiving the foregoing objection, Stephens Media admits the
See Response to Request for Admission No. 41.

REQUEST FOR ADMISSION NO. 43: Admit that the link on the EXCERPT page generated traffic and page views for the LVRJ WEBSITE. RESPONSE NO. 43:
See Response to Request for Admission No. 41.

sensitive information.

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REQUEST FOR ADMISSION NO. 45: Admit that Stephens Media earns no fees through licensing of the NEWS ARTICLE. 18

CAMPBELL WILLIAMS

ATTORNEYS AT LAW

700 SOUTl-l SEVENTH STREET LAS VEGAS. NEVADA 89101 PHONE: [phone] FAX: [phone]

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REQUEST FOR ADMISSION NO. 75:

Admit that it would be impracticable for Stephens Media to review before posting all materials posted to the LVRJ WEBSITE by third parties.

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DATED this 18th day of January, 2011.
RESPONSE NO. 75:

Objection.

This Request is vague and ambiguous as to the term "impracticable."

Stephens Media admits the Request to the extent that such a review may be cost-prohibitive or unnecessary. Stephens Media denies the remainder of this Request to the extent it is inconsistent with the foregoing Response.

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CAMPBELL & WILLIAMS

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,pGNALD J. CAMPBE~~.,:~~1"6) 1. COLBY WILLIAMS, ESQ:t-'§'§49) 700 South Seventh Street Las Vegas, Nevada 89101

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Attorneys for Counterdefendant, Stephens Media, LLC

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CAMPBELL & WILLIAMS

ATTORNeYS AT LAW

700 SOUTH SEVENTH STREET LAS VEGAS. NEVADA 89101 PHONE: [phone] FAX: [phone]