Righthaven LLC v. Democratic Underground, LLC et al

Filing 92

JOINDER to 91 Reply to Response to Motion ; Stephens Media, LLC's Motion to Strike Request to Unseal Exhibit A to Pulgram Declaration And Related Filings filed by Plaintiff Righthaven LLC. (Mangano, Shawn)

1
2
3
4
5
6

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
[phone] – telephone
[phone] – facsimile
Attorney for Righthaven LLC

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10
11
12

RIGHTHAVEN LLC, a Nevada limitedliability company,

13
14
15
16
17

Case No.: 2:10-cv-01356-RLH-GWF
RIGHTHAVEN LLC’S JOINDER IN
STEPHENS MEDIA LLC’S REPLY IN
SUPPORT OF MOTION TO STRIKE
DEFENDANTS’ REQUEST TO UNSEAL
EXHIBIT “A” TO PULGRAM
DECLARATION AND RELATED
FILINGS

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

18
19
20
21

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

22
23
24
25
26
27

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

28

1

1

Righthaven LLC (“Righthaven”) hereby joins in Stephens Media LLC’s (“Stephens

2

Media”) Reply in Support of Motion to Strike Defendants’ Request to Unseal Exhibit A to

3

Pulgram Declaration And Related Filings And Clifford C. Webb’s Supporting Declaration or, in

4

The Alternative, Response Thereto (the “Motion to Strike Reply”, Doc. # 91).

5

Righthaven agrees with Stephens Media’s assertions that Defendants Democratic

6

Underground, LLC and David Allen (the “Defendants”) have clearly attempted to subvert the

7

provisions of the Stipulated Protective Order (the “SPO”) entered by this Court in a blatant

8

attempt to make confidential business information publicly available. (Id. at 2-5.) In this regard,

9

Righthaven additionally wishes to highlight that Defendants have taken this approach in a case

10

where the Plaintiff has moved the Court for permission to voluntarily dismiss its Complaint with

11

prejudice. While Defendants may contend, contrary to the agreed upon terms of the SPO, that

12

the public has an interest in seeing that litigation-related materials are made available, such a

13

request has not been made by a disinterested member of the public who seeks to pierce the

14

protections of the SPO entered by this Court. Rather, the request to unseal has been made by a

15

party that is fully aware of the contents of the materials at issue in an action that is on the

16

precipice of resolution through the Court’s adjudication of the motions presently pending before

17

it. With these circumstances in mind, Defendants’ goal of making the highly confidential

18

business information between Righthaven and Stephens Media publicly available so that the

19

contents of same can used by others adverse to Righthaven and/or Stephens Media without the

20

protections of an agreed upon protective order becomes readily apparent.

21

Righthaven’s concerns in this regard are certainly meritorious. To begin with, the Court

22

could undoubtedly take judicial notice of the fact that virtually every material development in

23

any pending Righthaven case, whether in this judicial district or elsewhere, is reported on by the

24

Las Vegas Sun, a publication which is in direct competition with Stephens Media’s Las Vegas

25

Review-Journal. Permitting disclosure of the confidential materials at issue would undoubtedly

26

result in their contents being replicated in and/or reported on in the Las Vegas Sun. Moreover,

27

unsealing the confidential materials at issue would also result in their contents being made

28

available to direct competitors of Righthaven. For instance, one of the defendants in another

2

1

pending Righthaven action in this judicial district has formed a copyright enforcement company,

2

which certainly appears to be based upon the Righthaven’s business model. See Righthaven v.

3

Hush-Hush Entertainment, Inc., et al., Case No.: 2:10-cv-01404-LRH-LRL (Doc. # 20-21).

4

While the confidential materials at issue in this case may potentially be discoverable in other

5

actions, such as the Hush-Hush Entertainment, Inc. case, doing so by granting Defendants’

6

request to unseal in an action where voluntary dismissal with prejudice of the Complaint has

7

been sought and in view of the alleged subversion of the SPO’s procedures would necessarily

8

result in denying Righthaven (and Stephens Media) the right to maintain the confidentiality of

9

such materials in other pending actions through designation under any stipulated protective

10

orders applicable to such other cases. Moreover, unsealing the confidential materials at issue

11

will undoubtedly result in their global dissemination through Internet republication. This result

12

is clearly justified by the widespread mainstream and tangential media coverage of Righthaven’s

13

currently pending copyright enforcement actions.

14
15
16

Based on the foregoing, Righthaven joins in Stephens Media’s Motion to Strike Reply.
Accordingly, Righthaven respectfully requests the Court grant Stephens Media’s requested relief.
Dated this 13th day of April, 2011.

17

SHAWN A. MANGANO, LTD.

18

By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]

19
20
21
22

Attorney for Righthaven LLC

23
24
25
26
27
28

3

1

CERTIFICATE OF SERVICE

2

Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I on this 13th day of

3

April, 2011, I caused the foregoing document to be served by the Court’s CM/ECF system.

4
5

SHAWN A. MANGANO, LTD.

6

By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel: [phone]
Fax: [phone]

7
8
9
10
11

Attorney for Righthaven LLC

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4