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)

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Righthaven LLC v. Democratic Underground, LLC et al Doc. 63 Att. 3 EXHIBIT C Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 CAMPBELL & WILLIAMS DONALD J. CAMPBELL, ESQ. (1216) J. COLBY WILLIAMS, ESQ. (5549) 700 South Seventh Street Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 Email: djc@campbellandwilliams.com jcw@campbellandwilliams.com 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, 23 24 25 v. RIGHTHAVEN LLC, a Nevada limitedliability company; and STEPHENS MEDIA LLC, a Nevada limited-liability company, Counter defendants . g ATTORNEYS AT LAW 26 27 28 1 CAMPBELL & WILLIAMS 700 SOUTH SEVENTH STREET LAS VEGAS, NEVADA 89101 PHONE: 702/382-5222 FAX: 702/382-0540 1 2 3 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 4 5 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 6 7 8 9 10 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: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. I & 26 27 28 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: 702/382-5222 FAX: 702/382-0540 1 2 3 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. 4 5 6 7 8 9 10 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. 11 12 13 14 .:<,,,-0-'< CAMPBELL & WILLIAMS ~~,~~~~~ .--.. ,-~."-,.~.,.,.~ "'-~-"~~~~=-~="'=.'~) ., 15 16 17 18 19 20 21 22 23 24 25 ,pGNALD J. CAMPBE~~.,:~~1"6) 1. COLBY WILLIAMS, ESQ:t-''49) 700 South Seventh Street Las Vegas, Nevada 89101 ~f Attorneys for Counterdefendant, Stephens Media, LLC I 26 27 28 28 CAMPBELL & WILLIAMS ATTORNeYS AT LAW 700 SOUTH SEVENTH STREET LAS VEGAS. NEVADA 89101 PHONE: 702/382-5222 FAX: 702/382-0540

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