Righthaven LLC v. Democratic Underground, LLC et al

Filing 95

First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC and Memorandum of Points and Authorities In Support Thereof by Defendants David Allen, Democratic Underground, LLC. Responses due by 5/15/2011. (Attachments: # 1 Proposed Order Granting Defendant's First Motion to Compel Production of Documents)(Webb, Cliff)

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LAURENCE F. PULGRAM (CA State Bar No. 115163) (pro hac vice)
[e-mail]
CLIFFORD C. WEBB (CA State Bar No. 260885) (pro hac vice)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]
KURT OPSAHL (CA State Bar No. 191303) (pro hac vice)
[e-mail]
CORYNNE MCSHERRY (CA State Bar No. 221504) (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, California 94110
Telephone:
[phone]
Facsimile:
[phone]
CHAD BOWERS (NV State Bar No. 7283)
[e-mail]
CHAD A. BOWERS, LTD
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone: [phone]
Attorneys for Defendant and Counterclaimant
DEMOCRATIC UNDERGROUND, LLC, and
Defendant DAVID ALLEN
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
v.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
DEMOCRATIC UNDERGROUND, LLC, a District of
Columbia limited-liability company,
Counterclaimant,
v.

Case No. 10-01356-RLH (GWF)
[PROPOSED] ORDER
GRANTING DEFENDANT
DEMOCRATIC
UNDERGROUND LLC’S
FIRST MOTION TO
COMPEL THE
PRODUCTION OF
DOCUMENTS

RIGHTHAVEN LLC, a Nevada limited liability company,
and STEPHENS MEDIA LLC, a Nevada limited-liability
company,
Counterdefendants.
[PROPOSED] ORDER GRANTING DU’S FIRST
MOTION TO COMPEL PRODUCTION OF
DOCUMENTS

CASE NO. 2:10-CV-01356-RLH (GWF)

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The Court having considered Democratic Underground’s First Motion to Compel the

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Production of Documents, all papers filed in support and in opposition, arguments of counsel, and

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all other matters on file in this action and presented to the Court,

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IT IS HEREBY ORDERED:

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Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendant

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Democratic Underground LLC’s First Motion to Compel the Production of Documents is

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GRANTED.

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IT IS HEREBY ORDERED THAT:
1) Righthaven shall produce all documents in response to Defendant’s Request Nos. 3, 4, 7,
10, 41, 42 and 58, in its possession, custody and control within ten (10) days of this Order;

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2) Stephens Media shall produce all documents in response to Defendant’s Request Nos. 3,

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4, 7, 10, 36, 53 and 69, in its possession, custody and control, including those in the

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control of its agents including SI Content Monitor, within ten (10) days of this Order;

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3) This Court’s Order of December 21, 2010, Docket 54 ¶A(5), required detailed privilege

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logs to be provided within 21 days of the time documents were due to be produced for any

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materials as to which privilege was being claimed. See also Fed. R. Civ. P. 26(b)(5).

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That date passed long before the filing of the instant motion, with no log or other

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specification of privileged materials provided. Accordingly, all privileges have been

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waived as to all communications prior to the commencement of this action responsive to

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the foregoing numbered document requests (see Docket 54 ¶A(5)), and all such

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communications shall be produced within ten (10) days of this Order.

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IT IS SO ORDERED.

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Dated: ______________, 2011

____________________________________
The Honorable George W. Foley
United States District Court Magistrate Judge

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[PROPOSED] ORDER GRANTING DU’S FIRST
MOTION TO COMPEL PRODUCTION OF
DOCUMENTS

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CASE NO. 2:10-CV-01356-RLH (GWF)