Righthaven LLC v. LEON et al

Filing 54

MOTION for Preliminary Injunction by Defendant Michael Leon. Responses due by 7/26/2011. (Attachments: # 1 Declaration of J. Malcolm DeVoy, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order Granting Preliminary Injunction)(DeVoy, James)

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J. Malcolm DeVoy IV (Nevada Bar No. 11950)
RANDAZZA LEGAL GROUP
[e-mail]
7001 W. Charleston Boulevard, # 1043
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: 305-437-7662
www.Randazza.com
Appearance Attorney for Defendant,
Michael Leon

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN, LLC, a Nevada limited liability
company,
Plaintiff,

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vs.

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Defendants.
DECLARATION OF J. MALCOLM DEVOY IV IN SUPPORT
OF MOTION FOR PRELIMINARY INJUNCTION

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DECLARATION OF J. MALCOLM
DEVOY IV IN SUPPORT OF
MOTION FOR PRELIMINARY
INJUNCTION

MICHAEL LEON, an individual; DENISE
NICHOLS, an individual; and MEDBILLZ,
INC., a corporation of unknown origin,

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Case No. 2:10-cv-01672

I, J. MALCOLM DEVOY IV, hereby declare as follows:
1.

I am a duly licensed attorney in Nevada and a member of the Nevada bar in good

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standing, attorney for the Randazza Legal Group law firm (alternatively, the “Firm”), and served

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as counsel of record with Marc J. Randazza for Wayne Hoehn (“Hoehn”) in this matter.

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2.

On July 5, 2011, Judge Gloria Navarro of the District of Nevada issued an Order

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granting my motion, on behalf of Randazza Legal Group, seeking fees of $3,815 arising from my

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participation in Righthaven LLC v. Leon et al, 2:10-cv-01672 (Doc. # 52).

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3.

Judgment was also entered in that amount. Leon, 2:10-cv-01672 (Doc. # 53).

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4.

On July 5, I was not contacted by Righthaven LLC (“Righthaven”), nor its outside

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counsel, regarding the Court’s Order or entry of judgment (Docs. # 52, 53).

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Randazza
Legal Group
7001 W Charleston Blvd
#1043
Las Vegas, NV 89117
[phone]

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5.

Concerned that more drastic measures would be needed to collect the judgment, I

contacted Righthaven’s outside counsel, Shawn Mangano, via phone on July 6, 2011.
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Apparently, the topic of paying this judgment had already been discussed between

Attorney Mangano and Righthaven.
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My impression from the conversation was that Righthaven was unwilling to pay all,

if any, of the fees awarded by this Court.
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Based on prior discussions of attorney’s fees with Righthaven during the month of

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April 2011, in which I tried to resolve this Court’s Order allowing the pursuit of attorney’s fees

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(Doc. # 37), which never resulted in a settlement – and necessitated a much costlier fee award

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than the amount originally sought by Randazza Legal Group – I do not believe Righthaven

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intends to pay fees to Randazza Legal Group in this matter, nor any defendant, despite any

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attempts by Attorney Mangano to intervene upon the judgment-holders’ behalf.

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9.

I believe, based on past experiences negotiating with Righthaven in this matter, and

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my July 6 conversation with Attorney Mangano, that Righthaven will not make a good faith

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effort to heed this Court’s July 5, 2011 Order awarding $3,815.00 in fees to Randazza Legal

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Group, and will take all steps necessary to avoid payment of my and the Firm’s judgment against

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it (Doc. # 53), even if Randazza Legal Group pursues a Writ of Execution against Righthaven.

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10.

I further believe, based on past experience and my latest interactions with

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Righthaven’s counsel, that it is Righthaven’s goal to not honor this Court’s Order or judgment,

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and it will liquidate, disgorge or otherwise conceal its assets in order to do so – an outcome

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facilitated by its business model as a limited liability company owned by two other limited

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liability companies.

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I declare under penalty of perjury that the foregoing is true and correct.
Dated: July 9, 2011

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By:

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J. Malcolm DeVoy IV

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Randazza
Legal Group
7001 W Charleston Blvd
#1043
Las Vegas, NV 89117
[phone]

/s/ J. Malcolm DeVoy IV

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