Righthaven LLC v. Democratic Underground, LLC et al

Filing 96

DECLARATION of CLIFFORD C. WEBB In Support of Defendant Democratic Underground, LLC's First Motion to Compel the Production of Documents re 95 First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC and Memorandum of Points and Authorities In Support Thereof ; filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF)(Webb, Cliff)

EXHIBIT Y

Jennifer Johnson
From:
Sent:
To:
Cc:
Subject:

[e-mail]
Thursday, March 03, 2011 2:30 PM
Jennifer Johnson
'Kurt Opsahl'; Laurence Pulgram; Clifford Webb; 'Colby Williams'
RE: Righthaven v. DU

Jennifer:
There is no agreement in place that the parties must serve by e-mail and U.S. Mail. There is an agreement that
such service comports with FRCP 5 and is to be deemed service by hand delivery when made by such means.
With regard to the production, I agreed to produce those materials that were responsive to the request. Such
materials will be produced when they are located.
With regard to the privilege log, you recently clarified issues relating to the required contents in response to
Colby Willams' inquiry. If there are materials being withheld on privilege grounds, they will be included in a
privilege log and provided to you.
Regards,
S
Shawn A. Mangano, Esq.
Shawn A. Mangano, Ltd.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129
[phone] - telephone
[phone] - facsimile
Licensed in California, Nevada and Illinois
-------- Original Message -------Subject: RE: Righthaven v. DU
From: Jennifer Johnson <[e-mail]>
Date: Thu, March 03, 2011 2:23 pm
To: "'[e-mail]'" <[e-mail]>
Cc: 'Kurt Opsahl' <[e-mail]>, Laurence Pulgram
<[e-mail]>, Clifford Webb <[e-mail]>, 'Colby
Williams' <[e-mail]>

Shawn, 

Thank you.  Please also send us a copy via email, as previously agreed upon (see attached).  Additionally, when 
can we expect to receive Righthaven’s documents and privilege log which you agreed to produce last week? 

Regards, 
Jennifer

From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, March 03, 2011 1:28 PM
1

To: Jennifer Johnson
Cc: 'Kurt Opsahl'; Laurence Pulgram; Clifford Webb; 'Colby Williams'
Subject: RE: Righthaven v. DU

Jennifer:
Supplemental discovery responses were sent out to you today.
Regards,
S
Shawn A. Mangano, Esq.
Shawn A. Mangano, Ltd.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129
[phone] - telephone
[phone] - facsimile
Licensed in California, Nevada and Illinois
-------- Original Message -------Subject: RE: Righthaven v. DU
From: Jennifer Johnson <[e-mail]>
Date: Thu, March 03, 2011 10:05 am
To: "'[e-mail]'" <[e-mail]>
Cc: 'Kurt Opsahl' <[e-mail]>, Laurence Pulgram
<[e-mail]>, Clifford Webb <[e-mail]>, 'Colby
Williams' <[e-mail]>

Dear Shawn,

I did not receive any discovery from you yesterday, as you had most recently promised.  Did I miss 
something?  Please advise as to the status of your supplemental responses, document production, 
and privilege log.  

Thanks, 
Jennifer

JENNIFER J. JOHNSON
Fenwick & West LLP
Associate, Litigation Group
[phone]
[phone]
[e-mail]

From: [e-mail] [mailto:[e-mail]]
Sent: Friday, February 25, 2011 4:29 PM
To: Jennifer Johnson
2

Cc: 'Kurt Opsahl'; Laurence Pulgram; Clifford Webb; 'Colby Williams'
Subject: RE: Righthaven v. DU

Jennifer:
I have been tied up with numerous matters (some Righthaven-related and
some non-Righthaven-related), but I am working on the issues we
discussed. I am trying to have all of the issues addressed by Wednesday.
I would appreciate it if you can give me until then to have appropriate
responses to you.
Regards,
S
Shawn A. Mangano, Esq.
Shawn A. Mangano, Ltd.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129
[phone] - telephone
[phone] - facsimile
Licensed in California, Nevada and Illinois
-------- Original Message -------Subject: RE: Righthaven v. DU
From: Jennifer Johnson <[e-mail]>
Date: Fri, February 25, 2011 3:35 pm
To: "'[e-mail]'" <[e-mail]>
Cc: 'Kurt Opsahl' <[e-mail]>, Laurence Pulgram
<[e-mail]>, Clifford Webb <[e-mail]>, 'Colby
Williams' <[e-mail]>

Shawn,
We have still not received supplemental discovery responses from
Righthaven. We have also not received any documents from
Righthaven, or a privilege log. You agreed to have us a privilege
log and non-confidential documents by today. You agreed to
produce confidential documents 7-10 days after entry of the
protective order. 10 days was yesterday. We expect to hear back
from you today as to when we will be receiving this information.
Regards,
Jennifer
From: Jennifer Johnson
Sent: Wednesday, February 23, 2011 1:51 PM
To: '[e-mail]'
Cc: 'Kurt Opsahl'; Laurence Pulgram; Clifford Webb; 'Colby Williams'
Subject: RE: Righthaven v. DU
3

Shawn,
I’m following up on your promise to have us supplemental
responses 10 days after our meet and confer. We have not yet
received them. Please serve by email, per our agreement.
Thanks,
Jennifer

JENNIFER J. JOHNSON
Fenwick & West LLP
Associate, Litigation Group
[phone]
[phone]
[e-mail]

From: Jennifer Johnson [mailto:[e-mail]]
Sent: Thursday, February 10, 2011 7:26 PM
To: '[e-mail]'
Cc: 'Kurt Opsahl'; Laurence Pulgram; Clifford Webb; 'Colby Williams'
Subject: Righthaven v. DU

Shawn,
Please see the attached correspondence summarizing our meet and
confer.
Best,
Jennifer

JENNIFER J. JOHNSON
Fenwick & West LLP
Associate, Litigation Group
[phone]
[phone]
[e-mail]

4