Righthaven LLC v. Democratic Underground, LLC et al Featured Case
Plaintiff: Righthaven LLC
Defendant: David Allen and Democratic Underground, LLC
Case Number: 2:2010cv01356
Filed: August 10, 2010
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Roger L. Hunt
Presiding Judge: Robert J. Johnston
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 501 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 14, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2011 Filing 175 REPLY to Response to 168 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 ; filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. (Attachments: # 1 Proposed Order / [Proposed] Final Declaratory Judgment)(Pulgram, Laurence)
November 17, 2011 Filing 174 RESPONSE to 168 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 , filed by Counter Defendant Stephens Media LLC. Replies due by 12/4/2011. (Williams, J.)
October 25, 2011 Opinion or Order Filing 173 ORDER granting Democratic Underground's 167 Motion to File Documents Under Seal. The following documents can be conditionally filed under seal, until such time as Stephens Media provides a basis for this Court to maintain them under seal: (i) portions of Democratic Undergrounds Motion for Summary Judgment, and (ii) Exhibits 9 and 12-17 of the Supporting Declaration of Kurt Opsahl. Signed by Judge Roger L. Hunt on 10/25/11. (Copies have been distributed pursuant to the NEF - ECS)
October 25, 2011 Opinion or Order Filing 172 ORDER GRANTING 170 Stipulation to Stay Discovery Until Adjudication of Pending Motion for Summary Judgment. Signed by Magistrate Judge George Foley, Jr on 10/25/11. (Copies have been distributed pursuant to the NEF - ECS)
October 24, 2011 Filing 170 Joint STATUS REPORT (INTERIM), Joint Stipulation and [Proposed] Order to Stay Discovery Until Adjudication of Pending Motion for Summary Judgment (Second Request) by Counter Claimant Democratic Underground, LLC, Counter Defendant Stephens Media LLC. (Pulgram, Laurence)
October 24, 2011 Filing 168 MOTION for Summary Judgment on Counterclaim and Memorandum of Points and Authorities In Support Thereof [Redacted] # 167 by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Responses due by 11/17/2011. (Attachments: # 1 Declaration of Kurt Opsahl In Support of Motion for Summary Judgment on Counterclaim, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9 (redacted), # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12 (redacted), # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17 (redacted), # 19 Proposed Order Granting Democratic Underground's Motion for Summary Judgment)(Johnson, Jennifer)
October 24, 2011 Filing 167 MOTION to Seal Portions of Democratic Underground's Motion for Summary Judgment ("Consolidated Opposition") and Exhibits 9 and 12-17 of the Supporting Declaration of Kurt Opsahl by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Motion ripe 10/24/2011. (Attachments: # 1 Proposed Order Granting Democratic Underground's Motion to File Documents Under Seal)(Johnson, Jennifer)
October 21, 2011 Filing 166 MOTION for Judgment : Democratic Underground's Motion for Entry of Final Judgment Against Righthaven Under Fed. R. Civ. P. 54(b) by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Responses due by 11/7/2011. (Attachments: # 1 Proposed Order Entering Final Judgment Against Plaintiff Righthaven Under Fed. R. Civ. P. 54(b))(Johnson, Jennifer)
October 11, 2011 Filing 165 CERTIFICATE OF RECORD on 160 Notice of Appeal. The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal. This file exists in electronic format and is accessible via CM/ECF - PACER. The documents comprising the United States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs. Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document. Notice sent to the Federal Circuit Court of Appeals. (no image attached) (JAG)
October 7, 2011 Filing 164 TRANSCRIPT DESIGNATION by Plaintiff Righthaven LLC re 160 Notice of Appeal. Transcripts are NOT required for this appeal. (Mangano, Shawn)
September 19, 2011 Opinion or Order Filing 163 ORDER for Time Schedule as to 160 Notice of Appeal filed by Righthaven LLC. USCA Case Number 11-17210. (ECS)
September 19, 2011 Filing 162 Designation of Transcripts and Transcript Order forms and instructions for 160 Notice of Appeal. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov/Forms.aspx. (JAG)
September 19, 2011 Filing 161 USCA Appeal Fees received $455 receipt number 0978-2119710 re 160 Notice of Appeal filed by Righthaven LLC. Notice sent to the Federal Circuit Court of Appeals. (JAG)
September 16, 2011 Filing 160 NOTICE OF APPEAL as to 157 Order on Motion to Intervene by Plaintiff Righthaven LLC. Filing fee $ 455, receipt number 0978-2119710. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Mangano, Shawn)
September 9, 2011 Opinion or Order Filing 159 SCHEDULING ORDER Granting 158 Stipulation Resetting Discovery Schedule. Discovery due by 12/23/2011. Motions due by 2/6/2012. Proposed Joint Pretrial Order due by 3/7/2012. Signed by Magistrate Judge George Foley, Jr on 9/9/11. (Copies have been distributed pursuant to the NEF - EDS)
September 8, 2011 Filing 158 STIPULATION re 128 Stipulation ; by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. (Pulgram, Laurence)
August 24, 2011 Opinion or Order Filing 157 ORDER denying Righthaven's 120 Motion to Intervene. Signed by Judge Roger L. Hunt on 8/24/11. (Copies have been distributed pursuant to the NEF - ECS)
August 19, 2011 Filing 156 AFFIDAVIT for Judicial Notice of Failure to Comply with a Judicial Order by Interested Party Greg Stocks. (Attachments: # 1 Letter)(ASB)
August 12, 2011 Filing 155 REPLY to Response to 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; filed by Defendants David Allen, Democratic Underground, LLC. (Pulgram, Laurence)
August 10, 2011 Filing 154 LETTER from Attorney J. Todd Kincannon to Judge Hunt re Righthaven LLC. (ECS)
August 8, 2011 Filing 153 NOTICE by Plaintiff Righthaven LLC re 138 Show Cause Hearing,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 1)(Mangano, Shawn)
August 8, 2011 NOTICE of Docket Correction to 151 Reply to Response to Motion. ERROR: Document should've been filed as two separate entries by attorney J. Colby Williams. CORRECTION: Entry refiled by Court as 152 Withdrawal of Motion. (no image attached)(MJZ)
August 5, 2011 Filing 152 WITHDRAWAL of 126 Motion for District Judge to Reconsider Order; filed by Counter Defendant Stephens Media LLC. (MJZ)
August 5, 2011 Filing 151 REPLY to Response to 120 Motion to Intervene; filed by Counter Defendant Stephens Media LLC. (Attachments: # 1 Declaration of J. Colby Williams, # 2 Declaration of Mark Hinueber)(Williams, J.) Docket entry relationship corrected on 8/8/2011. (MJZ)
August 5, 2011 Filing 150 REPLY to Response to 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
August 2, 2011 Opinion or Order Filing 149 ORDER GRANTING 146 Stipulation to Extend Deadlines. Stephens Media shall have until August 5, 2011 to file its reply brief in support of its motion for reconsideration and Righthaven shall have until August 5, 2011 to file its reply brief in support of its application to intervene. Democratic Underground shall have until August 12, 2011 to file a single surreply memorandum not to exceed seven (7) pages in length that responds to Righthavens reply in support of its application to intervene and Stephens Medias reply in support of its motion for reconsideration. Signed by Judge Roger L. Hunt on 8/2/11. (Copies have been distributed pursuant to the NEF - ECS)
August 2, 2011 Opinion or Order Filing 148 ORDER that Righthavens Motion for Extension of Time and Clarification 143 is GRANTED. See Order for details. Signed by Judge Roger L. Hunt on 8/2/11. (Copies have been distributed pursuant to the NEF - ECS)
August 2, 2011 Filing 147 RESPONSE to 143 Emergency MOTION to Stay re 137 Transcript,, 138 Show Cause Hearing,,,,,,,,, filed by Amicus Citizens Against Litigation Abuse, Inc.. Replies due by 8/12/2011. (DeWitt, Clyde)
August 2, 2011 Filing 146 STIPULATION FOR EXTENSION OF TIME (First Request) re 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,, MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,,, 136 Supplement, 134 Supplement, 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2), 135 Stipulation, 140 Response to Motion,,,, ; by Plaintiff Righthaven LLC. (Mangano, Shawn)
August 1, 2011 Filing 145 RESPONSE to 143 Emergency MOTION to Stay re 137 Transcript,, 138 Show Cause Hearing,,,,,,,, ; filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Declaration of J. Malcolm DeVoy IV In Support of DU's Response to Righthaven's Application for Extension of Time to Comply with July 14, 2011 Order and for Clarification of Same, # 2 Exhibit 1 to DeVoy Declaration, # 3 Declaration of Kim McIntyre In Support of DU's Response to Righthaven's Application for Extension of Time to Comply with July 14, 2011 Order and for Clarification of Same)(Pulgram, Laurence)
July 29, 2011 Filing 144 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 7/29/2011. The Court grants in part and defers ruling in part on 143 Motion to Stay. The Court grants Righthaven a ten day extension until August 8, 2011, to comply with its Order 138 and defers ruling on the remainder of Righthaven's motion. (Copies have been distributed pursuant to the NEF - RCH)
July 29, 2011 Filing 143 Emergency MOTION to Stay re 137 Transcript,, 138 Show Cause Hearing,,,,,,,, by Plaintiff Righthaven LLC. Motion ripe 7/29/2011. (Mangano, Shawn)
July 28, 2011 Opinion or Order Filing 142 ORDER Granting 139 Motion to Seal Portions of 140 Response to Motion. Signed by Judge Roger L. Hunt on 7/27/11. (Copies have been distributed pursuant to the NEF - ASB)
July 26, 2011 Filing 140 RESPONSE to 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2), 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,, MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,,, filed by Defendants David Allen, Democratic Underground, LLC. [Redacted Version] Replies due by 8/5/2011. (Attachments: # 1 Declaration of Clifford Webb In Support of Defendant Democratic Underground's Consolidated Opposition to Righthaven's Motion to Intervene and Opposition to Counterdefendant Stepens Media's Motion for Reconsideration, # 2 Exhibit 1 (Submitted Under Seal), # 3 Exhibit 2 (Submitted Under Seal), # 4 Exhibit 3 (Submitted Under Seal), # 5 Exhibit 4, # 6 Exhibit 5 (Submitted Under Seal), # 7 Exhibit 6)(Pulgram, Laurence)
July 26, 2011 Filing 139 MOTION to Seal (1) Portions of Democractic Underground's Consolidated Opposition to Righthaven's Motion to Intervene and Opposition to Counterdefendant Stephens Media's Motion for Reconsideration; and, (2) Exhibits 1, 2, 3 and 5 of the Supporting Declaration of Clifford Webb by Defendants David Allen, Democratic Underground, LLC. Motion ripe 7/26/2011. (Attachments: # 1 Proposed Order Granting Democratic Underground's Motion to File Documents Under Seal)(Webb, Cliff)
July 15, 2011 Filing 137 TRANSCRIPT of Proceedings, Hearing held on 7/14/11, before Judge Roger L. Hunt. Court Reporter/Transcriber: Donna Davidson, 775-329-0132. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/5/2011. Redacted Transcript Deadline set for 8/15/2011. Release of Transcript Restriction set for 10/13/2011. (DD)
July 14, 2011 Filing 138 MINUTES OF PROCEEDINGS - Show Cause Hearing held on 7/14/2011 before Judge Roger L. Hunt. Crtrm Administrator: Kandy Capozzi; Pla Counsel: Shawn Mangano; Colby Williams; Def Counsel: Kurt Opsahl; Laurence Pulgram; Court Reporter/FTR #: Eileen Sterba; Time of Hearing: 9:00 AM to 9:35 AM; Courtroom: 6C; The Court finds there is a significant amount of evidence that Righthaven made intentional misrepresentations to the Court and also engaged in a concerted effort to hide Stephens Media's role in this litigation. This conduct demonstrated Righthaven's bad faith, wasted judicial resources, and needlessly increased the costs of litigation. Therefore, now that Righthaven has had notice and an opportunity to respond, the Court imposes sanctions against Righthaven pursuant to Rule 11 of the Federal Rules of Civil Procedure and its inherent authority. IT IS HEREBY ORDERED that Righthaven shall provide a copy of this Court's decision (Dkt. #116, Order, June 14, 2011) concerning the Strategic Alliance Agreement between Stephens Media and Righthaven (Dkt. #79, Supplemental Mem. Ex. 1, dated Jan. 18, 2010) and a copy of that agreement to the parties in every pending case involving Stephens Media that Righthaven has in any jurisdiction in this country. IT IS FURTHER ORDERED Righthaven is sanctioned in the amount of $5,000.00 which shall be paid to the Clerk of Court within two weeks. Further, Righthaven is ordered to properly comply with Local Rule 7.1-1 with respect to this agreement, either retrospectively or prospectively, in all cases filed by Righthaven within the District of Nevada. Righthaven is also obligated to advise the Colorado Court of this decision even though those actions do not involve Stephens Media. The Court will determine whether it will issue a written order or whether the transcript of this Court's ruling shall be provided in lieu of a written order. Note: Following these proceedings, the Court determines it is not necessary to issue a written order and the transcript shall stand as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - KMC)
July 13, 2011 Filing 136 SUPPLEMENT to 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss ; by Counter Defendant Stephens Media LLC. (Attachments: # 1 Declaration of J. Colby Williams)(Williams, J.) .
July 13, 2011 Filing 135 STIPULATION FOR EXTENSION OF TIME (First Request) re 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss and 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; by Plaintiff Righthaven LLC. (Mangano, Shawn) .
July 12, 2011 Filing 134 SUPPLEMENT to 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; by Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Mangano, Shawn)
July 7, 2011 Filing 133 REPLY to Response to Order to Show Cause; filed by Defendants David Allen, Democratic Underground, LLC. (Opsahl, Kurt)
July 5, 2011 Filing 132 Amicus Curiae BRIEF by Clyde F. DeWitt on behalf of Amicus Citizens Against Litigation Abuse, Inc. (ECS)
July 5, 2011 Filing 131 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 7/5/2011. RE: 116 Order to Show Cause, Motion Hearing set for 7/14/2011 09:00 AM in LV Courtroom 6C before Judge Roger L. Hunt.(no image attached) (Copies have been distributed pursuant to the NEF - RCH)
July 5, 2011 Opinion or Order Filing 130 ORDER that Citizens Against Litigation Abuse's Motion for Leave to File an Amicus Curiae Brief 124 is GRANTED. Clerk is directed to file the brief. Signed by Judge Roger L. Hunt on 7/5/11. (Copies have been distributed pursuant to the NEF - ECS)
July 1, 2011 Opinion or Order Filing 129 ORDER GRANTING 128 Stipulation to Extend Time to File Revised Discovery Schedule. Deadline to submit a proposed agreed order resetting discovery dates is within 10 days of the resolution of participation of parties and their pleadings in this action. Signed by Magistrate Judge George Foley, Jr on 7/1/11. (Copies have been distributed pursuant to the NEF - ECS)
June 30, 2011 Filing 128 STIPULATION FOR EXTENSION OF TIME (Second Request) --JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE REVISED DISCOVERY SCHEDULE -- by Defendants David Allen, Democratic Underground, LLC. (Pulgram, Laurence)
June 29, 2011 Filing 127 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Righthaven LLC. (Attachments: # 1 Declaration Declaration of Shawn A. Mangano, Esq. in Support of Righthaven LLC's OSC Response)(Mangano, Shawn)
June 28, 2011 Filing 126 MOTION for District Judge to Reconsider Order re 116 Order on Motion to Dismiss,,,,,, Order on Motion for Summary Judgment,,,,,, Set/Reset Deadlines,,, Terminate Case,, by Counter Defendant Stephens Media LLC. Responses due by 7/15/2011. (Williams, J.)
June 28, 2011 Filing 125 ANSWER to 13 Answer to Complaint, Counterclaim,, filed by Stephens Media LLC.(Williams, J.)
June 28, 2011 Filing 124 MOTION for Leave to File Amicus Curiae Brief by Amicus Citizens Against Litigation Abuse, Inc.. Motion ripe 6/28/2011. (Attachments: # 1 Brief of Amicus Curiae Citizens Against Litigation Abuse, Inc.)(DeWitt, Clyde)
June 27, 2011 Opinion or Order Filing 123 ORDER GRANTING 35 Proposed Order Submission filed by Righthaven LLC. Attorney Steven A. Gibson terminated. Signed by Judge Roger L. Hunt on 6/27/11. (Copies have been distributed pursuant to the NEF - ECS)
June 23, 2011 Opinion or Order Filing 122 ORDER granting 119 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dale Cendali for Righthaven LLC and approving Designation of Attorney Shawn A. Mangano as Local Counsel. Signed by Judge Roger L. Hunt on 6/23/11. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS) Modified entry to reflect correct party representation on 6/27/2011 (RFJ).
June 23, 2011 Filing 121 Submission of PROPOSED ORDER on 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
June 23, 2011 Filing 120 MOTION to Intervene as of Right Pursuant to Federal Rule of Civil Procedure 24(a)(2) by Plaintiff Righthaven LLC. Responses due by 7/10/2011. (Mangano, Shawn)
June 22, 2011 Filing 119 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dale M. Cendali and DESIGNATION of Local Counsel Shawn A. Mangano (Filing fee $ 175 receipt number 0978-2028920) filed by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. Motion ripe 6/22/2011. (Mangano, Shawn)
June 20, 2011 Filing 118 TRANSCRIPT of Proceedings, 115 Order on Motion to Compel, Motion Hearing, held on 6/9/11, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Donna Davidson, 775-329-0132. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/11/2011. Redacted Transcript Deadline set for 7/21/2011. Release of Transcript Restriction set for 9/18/2011. (DD)
June 16, 2011 Opinion or Order Filing 117 ORDER that Defendant/Counterclaimant Democratic Underground LLC's Motion to Compel the Production of Documents from Plaintiff/Counterdefendant Righthaven LLC and Counterdefendant Stephens Media LLC 95 is DENIED AS MOOT. Signed by Magistrate Judge George Foley, Jr on 6/16/11. (Copies have been distributed pursuant to the NEF - ECS)
June 14, 2011 Opinion or Order Filing 116 ORDER that Righthaven is dismissed from this case for lack of standing. As such, Righthaven's complaint is dismissed in its entirety. Righthaven's for Voluntary Dismissal with Prejudice 36 is DENIED as moot. Stephens Media's Motion to Dismiss or Strike 38 is DENIED. Democratic Underground's Motion for Summary Judgment 45 is DENIED. Righthaven shall show cause, in writing, no later than two weeks from the date of entry of this order, why it should not be sanctioned. Signed by Judge Roger L. Hunt on 6/14/11. (Copies have been distributed pursuant to the NEF - ECS)
June 9, 2011 Filing 115 MINUTES OF PROCEEDINGS - Hearing on Defendants' Motion to Compel 95 held on 6/9/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Donna Smith; Pla Counsel: Shawn Mangano, Colby Williams, Donald Campbell; Def Counsel: Jennifer Johnson, Cliff Webb; Court Reporter/FTR #: 1:36-2:09; Time of Hearing: 1:30 P.M.; Courtroom: 3A; The Court makes preliminary remarks and hears the representations of counsel. Defendants' 95 Motion to Compel stands submitted. The Court will issue a written decision. (Copies have been distributed pursuant to the NEF - DES)
May 27, 2011 Filing 114 REPLY to Response to 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 Declaration of Jennifer Johnson, # 2 Exhibit A to Johnson Declaration, # 3 Exhibit B to Johnson Declaration)(Johnson, Jennifer)
May 27, 2011 Filing 113 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 5/27/2011. By Judicial Assistant: Julia Wright. RE: 95 Defendant's First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC :Due to a conflict on the Court's calendar, the Motion Hearing set for June 2, 2011 is vacated and RESCHEDULED for Thursday, June 9, 2011, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
May 26, 2011 Filing 112 REPLY to Response to 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. Against Stephens Media (Pulgram, Laurence)
May 26, 2011 Opinion or Order Filing 111 ORDER granting 110 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jennifer J Johnson for Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Judge Roger L. Hunt on 3/25/11. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
May 24, 2011 Filing 110 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jennifer Johnson and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1997025) filed by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. Motion ripe 5/24/2011. (Bowers, Chad)
May 24, 2011 Filing 109 ERRATA to 101 Declaration, 102 Declaration, 99 Response - Other, 100 Response to Motion, ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
May 20, 2011 Filing 108 RESPONSE to 79 Memorandum; filed by Defendant Democratic Underground, LLC. (Pulgram, Laurence)
May 20, 2011 Filing 107 REPLY to 79 Memorandum,, 100 Response to Motion, ; --DEFENDANTS REPLY IN SUPPORT OF SUPPLEMENTAL MEMO ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS-- filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Affidavit --Pulgram Declaration supporting Defendants' Reply, # 2 Exhibit 1 to Pulgram Declaration)(Pulgram, Laurence)
May 18, 2011 Filing 106 RESPONSE to 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 Plaintiff Righthaven LLC. Replies due by 5/28/2011. (Mangano, Shawn)
May 16, 2011 Filing 105 RESPONSE to 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 Counter Defendant Stephens Media LLC. Replies due by 5/26/2011. (Attachments: # 1 Declaration of J. Colby Williams, # 2 Declaration of Mark Hinueber)(Williams, J.)
May 13, 2011 Opinion or Order Filing 104 ORDER GRANTING 103 Stipulation to Extend Deadline. Responses due by 5/17/2011 re 95 First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC and Memorandum of Points and Authorities In Support Thereof. Democratic Underground shall have a two-day extension of time to file its reply to Righthaven's response. Signed by Magistrate Judge George Foley, Jr on 5/13/11. (Copies have been distributed pursuant to the NEF - ECS)
May 12, 2011 Filing 103 Submission of PROPOSED ORDER on 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 Plaintiff Righthaven LLC Stipulation for Extension of Time to File Response. (Mangano, Shawn)
May 9, 2011 Filing 102 DECLARATION of Steven A. Gibson in Support of Righthaven LLC's Response to Defendants' Supplemental Memorandum Addressing Recently Produced Evidence re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM, 45 Cross MOTION for Summary Judgment, 38 MOTION to Dismiss or Strike ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
May 9, 2011 Filing 101 DECLARATION of Mark A. Hineuber in Support of Righthaven LLC's Response to Defendants' Supplemental Memorandum Addressing Recently Produced Evidence re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM, 45 Cross MOTION for Summary Judgment ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
May 9, 2011 Filing 100 RESPONSE to 45 Cross MOTION for Summary Judgment, 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM, filed by Plaintiff Righthaven LLC. Response to Defendants' Supplemental Memorandum Addressing Recently Produced Evidence Replies due by 5/26/2011. (Mangano, Shawn)
May 9, 2011 Filing 99 RESPONSE to 79 Memorandum,, ; Counter-Defendant Stephens Media LLC's Response To Defendants' Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions and Joinder In Righthaven's Related Response filed by Counter Defendant Stephens Media LLC. (Williams, J.)
May 6, 2011 Filing 98 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 5/6/2011. It has come to the Court's attention that the deadline for Righthaven and Stephens Media to file a response to the Supplemental Memorandum was inadvertently set for Sunday, May 8, 2011. The Court will therefore accept any response filed by 4:00 P.M. on Monday, May 9, 2011. All other deadlines and instructions remain intact per the Court's April 14, 2011 Order (#94). (no image attached) (Copies have been distributed pursuant to the NEF - LMN)
May 3, 2011 Filing 97 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 5/3/2011. By Judicial Assistant: Julia Wright. RE: 95 First MOTION to Compel the Production of Documents By Defendant Democratic Underground, LLC : Motion Hearing set for Thursday, June 2, 2011, at 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
April 28, 2011 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)
April 28, 2011 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)
April 14, 2011 Opinion or Order Filing 94 ORDER that Righthaven LLCs Motion for Reconsideration of March 9, 2011 Order Granting Defendants Motion for Leave to File Supplemental Memorandum or, Alternatively, Application for Briefing Schedule to Address Supplemental Brief 78 , together with Counter-Defendant Stephens Media LLCs Joinder to the Motion 81 are DENIED. Righthaven and Stephens Media shall file any response to the Supplemental Memorandum no later than May 8, 2011, and Democratic Underground and David Allen shall file any reply thereto no later than May 20, 2011. Any Response or Reply shall be limited to ten (10) pages, and no request for extensions of time or to exceed page limits will be entertained. Signed by Chief Judge Roger L. Hunt on 4/14/11. (Copies have been distributed pursuant to the NEF - ECS)
April 14, 2011 Opinion or Order Filing 93 ORDER that Defendants' Request to Unseal Exhibit A to Pulgram Declaration and Related Filings [dkt ## 74, 79] 85 is GRANTED. Stephens Medias Motion to Strike Defendants Request to Unseal 87 and Righthavens Joinder 89 are DENIED. Signed by Chief Judge Roger L. Hunt on 4/14/11. (Copies have been distributed pursuant to the NEF - ECS)
April 13, 2011 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)
April 11, 2011 Filing 91 REPLY to Response to 87 MOTION to Strike 85 Reply to Response to Motion,, 86 Declaration,, ; filed by Counter Defendant Stephens Media LLC. (Erwin, Philip)
March 31, 2011 Filing 90 RESPONSE to 87 MOTION to Strike 85 Reply to Response to Motion,, 86 Declaration,,, filed by Defendants David Allen, Democratic Underground, LLC. DEFENDANTS' CONSOLIDATED OPPOSITION TO COUNTERDEFENDANTS' MOTION TO STRIKE AND RESPONSE TO DEFENDANTS' REQUEST TO UNSEAL [RELATED DKT. NOS. 87, 88, 89] Replies due by 4/10/2011. (Pulgram, Laurence)
March 30, 2011 Filing 89 JOINDER to 87 MOTION to Strike 85 Reply to Response to Motion,, 86 Declaration,, ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
March 30, 2011 Filing 88 RESPONSE to 65 Protective Order, 73 MOTION to Seal 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- MOTION to Seal 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM --, 75 Order on Motion to Seal, 85 Reply to Response to Motion,, 86 Declaration,, ; Righthaven LLC's Response to Defendants' Request to Unseal Exhibit A to Pulgram Declaration and Application for Order to Show Cause Why Defendants Should Not Be Held In Contempt filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
March 30, 2011 Filing 87 MOTION to Strike 85 Reply to Response to Motion,, 86 Declaration,, by Counter Defendant Stephens Media LLC. Responses due by 4/16/2011. (Erwin, Philip)
March 30, 2011 NOTICE of Docket Correction to 85 REPLY to Response to Motion. ERROR: Wrong event selected by attorney Laurence F. Pulgram. CORRECTION: Entry corrected by Court to 85 MOTION to Unseal. (no image attached)(MJZ)
March 29, 2011 Filing 86 DECLARATION of Clifford C. Webb In Support of Defendants' Request (Related Dkt. 85 ) to Unseal Exhibit A to Pulgram Declaration and Related Filings (Dkts. 74 , 79 re 73 MOTION to Seal 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- MOTION to Seal 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- ; filed by Defendants David Allen, Democratic Underground, LLC. (Webb, Cliff)
March 29, 2011 Filing 85 MOTION to Unseal; filed by Defendants David Allen, Democratic Underground, LLC. (Attachments: # 1 Proposed Order)(Pulgram, Laurence) Event type corrected on 3/30/2011. (MJZ)
March 21, 2011 Filing 84 JOINDER to 81 MOTION for Leave to File Response to Counterclaimant Democratic Underground, LLC's Supplemental Memorandum And Supporting Declaration of Laurence Pulgram (#72) MOTION for Leave to File Response to Counterclaimant Democratic Underground, LLC's Supplemental Memorandum And Supporting Declaration of Laurence Pulgram (#72) ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
March 17, 2011 Filing 83 Submission of PROPOSED ORDER on 82 Response to Motion,,,, ; filed by Defendants David Allen, Democratic Underground, LLC Denyiing Righthaven LLC's Motion for Reconsideration. (Pulgram, Laurence)
March 14, 2011 Filing 82 RESPONSE to 81 MOTION for Leave to File Response to Counterclaimant Democratic Underground, LLC's Supplemental Memorandum And Supporting Declaration of Laurence Pulgram (#72) MOTION for Leave to File Response to Counterclaimant Democratic Underground, LLC's Supplemental Memorandum And Supporting Declaration of Laurence Pulgram (#72), 78 MOTION for District Judge to Reconsider Order re 76 Order on Motion for Leave to File, 77 Memorandum, 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPOR MOTION for District Judge to Reconsider Order re 76 Order on Motion for Leave to File, 77 Memorandum, 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPOR, filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Replies due by 3/24/2011. (Pulgram, Laurence)
March 9, 2011 Filing 81 MOTION for Leave to File Response to Counterclaimant Democratic Underground, LLC's Supplemental Memorandum And Supporting Declaration of Laurence Pulgram (#72) by Counter Defendant Stephens Media LLC. Motion ripe 3/9/2011. (Erwin, Philip)
March 9, 2011 Filing 80 JOINDER to 78 MOTION for District Judge to Reconsider Order re 76 Order on Motion for Leave to File, 77 Memorandum, 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPOR MOTION for District Judge to Reconsider Order re 76 Order on Motion for Leave to File, 77 Memorandum, 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPOR ; filed by Counter Defendant Stephens Media LLC. (Erwin, Philip)
March 9, 2011 Filing 78 MOTION for District Judge to Reconsider Order re 76 Order on Motion for Leave to File, 77 Memorandum, 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- or, Alternatively, Application for Briefing Schedule to Respond to Supplemental Brief by Plaintiff Righthaven LLC. Responses due by 3/26/2011. (Mangano, Shawn)
March 9, 2011 Filing 77 Supplemental MEMORANDUM filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC re 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM --. (Attachments: # 1 Affidavit --Pulgram Declaration suppporting said Supplemental Memorandum)(Pulgram, Laurence)
March 8, 2011 Opinion or Order Filing 76 ORDER GRANTING 74 Motion for Leave to File Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions. Signed by Chief Judge Roger L. Hunt on 3/8/11. (Copies have been distributed pursuant to the NEF - ECS)
March 8, 2011 Opinion or Order Filing 75 ORDER GRANTING Defendants' Conditional 73 Motion to File Documents Under Seal. See Order for details. Signed by Chief Judge Roger L. Hunt on 3/8/11. (Copies have been distributed pursuant to the NEF - ECS)
March 4, 2011 Filing 73 MOTION to Seal 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Motion ripe 3/4/2011. (Attachments: # 1 Proposed Order Granting Conditional Motion to File Under Seal)(Pulgram, Laurence)
March 4, 2011 Filing 72 MOTION for Leave to File DEFENDANTS SUPPLEMENTAL MEMORANDUM ADDRESSING RECENTLY PRODUCED EVIDENCE RELATING TO PENDING MOTIONS, AND SUPPORTING DECLARATION OF LAURENCE PULGRAM -- by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. Motion ripe 3/4/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Pulgram, Laurence)
February 24, 2011 Opinion or Order Filing 71 ORDER GRANTING Stipulation to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 2/24/11. (Copies have been distributed pursuant to the NEF - ECS)
February 22, 2011 Filing 70 Submission of PROPOSED ORDER on 54 Scheduling Order, 42 Proposed Discovery Plan/Scheduling Order ; filed by Plaintiff Righthaven LLC Joint Stipulation to Stay Deposition Discovery. (Mangano, Shawn)
February 16, 2011 Opinion or Order Filing 69 ORDER granting 66 Motion to Withdraw as Attorney. John Charles Coons withdrawn from the case. Signed by Magistrate Judge George Foley, Jr on 2/16/11. (Copies have been distributed pursuant to the NEF - ECS)
February 15, 2011 Filing 68 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 2/15/2011. By Deputy Clerk: Michael Zadina. RE: 67 Protective Order. Document entered in error by Clerk. IT IS HEREBY ORDERED that 67 Protective Order is STRICKEN. 65 Protective Order remains in effect.(no image attached) (Copies have been distributed pursuant to the NEF - MJZ)
February 14, 2011 Opinion or Order Filing 67 STRICKEN per 68 Minute Order. (MJZ) PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr on 2/14/11. (Copies have been distributed pursuant to the NEF - EDS)
February 14, 2011 Filing 66 MOTION to Withdraw as Attorney by J. Charles Coons. by Plaintiff Righthaven LLC. Motion ripe 2/14/2011. (Coons, John)
February 14, 2011 Opinion or Order Filing 65 Stipulated PROTECTIVE ORDER. See Order for details. Signed by Chief Judge Roger L. Hunt on 2/14/11. (Copies have been distributed pursuant to the NEF - ECS)
February 11, 2011 Filing 64 Submission of PROPOSED ORDER filed by Plaintiff Righthaven LLC Stipulated Protective Order. (Mangano, Shawn)
January 28, 2011 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)
January 28, 2011 Filing 62 REPLY to Response to 45 Cross MOTION for Summary Judgment ; filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. (Pulgram, Laurence)
January 24, 2011 Filing 61 DECLARATION of Shawn A. Mangano, Esq. in Support of Request for Denial or Continuace of Defendants' Cross-Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56(d) re 45 Cross MOTION for Summary Judgment ; filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
January 10, 2011 Filing 60 DECLARATION of Shawn A. Mangano, Esq. re 49 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Clifford Webb and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1817122) filed by Defendant David Allen, Counter Claimant Democratic Underground, LLC VERIFIED PETITION for Permission to Practice Pro Hac Vice by Clifford Webb and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1817122) filed by Defendant David Allen, Counter Claimant Democratic Underground, LLC ; filed by Plaintiff Righthaven LLC. Exhibit 2 in Support of Declaration (Mangano, Shawn)
January 10, 2011 Filing 59 DECLARATION of Shawn A. Mangano, Esq. re 45 Cross MOTION for Summary Judgment ; filed by Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit Exhibit 1)(Mangano, Shawn)
January 8, 2011 Filing 58 RESPONSE to 45 Cross MOTION for Summary Judgment, filed by Plaintiff Righthaven LLC. Replies due by 1/25/2011. (Mangano, Shawn)
January 7, 2011 Filing 57 REPLY to Response to 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM ; filed by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit to Reply to Motion for Voluntary Dismissal)(Coons, John)
January 7, 2011 Filing 56 REPLY to Response to 38 MOTION to Dismiss or Strike ; filed by Counter Defendant Stephens Media LLC. (Williams, J.)
January 7, 2011 Filing 55 MINUTE ORDER IN CHAMBERS of the Honorable Roger L. Hunt, on January 7, 2011.To properly distribute the case load for the magistrate judges in the District of Nevada, IT IS ORDERED that this case is reassigned to Judge George W. Foley, Jr., U.S. Magistrate Judge for all further proceedings consistent with his jurisdiction. All further documents must bear the correct case number 2-10-cv-1356-RLH-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - LG)
December 21, 2010 Opinion or Order Filing 54 DISCOVERY PLAN and SCHEDULING ORDER. Discovery due by 5/30/2011. Motions due by 6/29/2011. Proposed Joint Pretrial Order due by 7/29/2011. Signed by Magistrate Judge Robert J. Johnston on 12/21/10. (Copies have been distributed pursuant to the NEF - ECS)
December 15, 2010 Opinion or Order Filing 53 ORDER GRANTING 52 Stipulation to Extend Deadlines. Righthaven's Responses and Replies due by 1/7/2011 re 38 MOTION to Dismiss or Strike, 36 Motion for Voluntary Dismissal or Dismissal of Counterclaim, and 45 Cross Motion for Summary Judgment. Democratic Underground shall have until 1/28/11 to file its reply in support of the Cross Motion for Summary Judgment 45 . Signed by Chief Judge Roger L. Hunt on 12/15/10. (Copies have been distributed pursuant to the NEF - ECS)
December 14, 2010 NOTICE of Docket Correction to 45 BRIEF. ERROR: Wrong event selected by attorney Laurence F. Pulgram. CORRECTION: Entry corrected by Court to 45 Cross MOTION for Summary Judgment. (no image attached)(MJZ)
December 13, 2010 Filing 52 STIPULATION re 46 Response to Motion, ; by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. (Coons, John)
December 10, 2010 Opinion or Order Filing 51 ORDER Granting 49 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Clifford C. Webb and approving Designation of Local Counsel for Attorney Chad Bowers for Democratic Underground, LLC and David Allen. Signed by Chief Judge Roger L. Hunt on 12/9/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ASB)
December 8, 2010 Filing 50 NOTICE of Corrected Image/Document re 49 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Clifford Webb and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1817122) filed by Defendant David Allen, Counter Claimant Democratic Underground, LLC VERIFIED PETITION for Permission to Practice Pro Hac Vice by Clifford Webb and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1817122) filed by Defendant David Allen, Counter Claimant Democratic Underground, LLC by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. (Service of corrected image is attached). (Bowers, Chad)
December 8, 2010 Filing 49 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Clifford Webb and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1817122) filed by Defendant David Allen, Counter Claimant Democratic Underground, LLC. Motion ripe 12/8/2010. (Bowers, Chad) 50 Corrected image filed on 12/8/2010. (MJZ)
December 7, 2010 Filing 48 DECLARATION of DAVID ALLEN re 46 Response to Motion, 44 Response to Motion, 45 Brief, ; IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL, MOTION FOR SUMMARY JUDGMENT, AND OPPOSITION TO MOTION TO DISMISS AND JOINDER by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pulgram, Laurence)
December 7, 2010 Filing 47 DECLARATION of KURT OPSAHL re 44 Response to Motion, 46 Response to Motion, 45 Brief, ; IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL, MOTION FOR SUMMARY JUDGMENT, AND OPPOSITION TO MOTION TO DISMISS AND JOINDER by Defendants David Allen, Democratic Underground, LLC, Counter Claimant 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)(Pulgram, Laurence)
December 7, 2010 Filing 46 RESPONSE to 38 MOTION to Dismiss or Strike, filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. AND MEMORANDUM IN OPPOSITION TO STEPHEN MEDIA LLC'S MOTION TO DISMISS AND JOINDER 39 Replies due by 12/17/2010. (Pulgram, Laurence)
December 7, 2010 Filing 45 Cross MOTION for Summary Judgment, filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC.(Attachments: # 1 Proposed Order Granting Motion for Summary Judgment)(Pulgram, Laurence) Event type corrected on 12/14/2010. (MJZ)
December 7, 2010 Filing 44 RESPONSE to 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM, filed by Defendants David Allen, Democratic Underground, LLC, Counter Claimant Democratic Underground, LLC. AND IN SUPPORT OF CROSS-MOTION FOR SUMMARY JUDGMENT Replies due by 12/17/2010. (Pulgram, Laurence)
December 7, 2010 Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert J. Johnston, on 12/7/2010. By Judicial Assistant: MXS. ORDERED that 33 Stipulation to Extend Time for Rule 26 Conference is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - MXS)
December 3, 2010 Filing 42 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Righthaven LLC. (Mangano, Shawn)
November 29, 2010 Opinion or Order Filing 41 ORDER GRANTING 40] Stipulation to Extend Deadlines. Replies due by 12/21/2010 re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM and [ 38 MOTION to Dismiss or Strike. Signed by Chief Judge Roger L. Hunt on 11/29/10. (Copies have been distributed pursuant to the NEF - ECS)
November 23, 2010 Filing 40 STIPULATION to extend Time to Respond and Reply to Motions to Dismiss by Defendants David Allen, Democratic Underground, LLC. (Opsahl, Kurt)
November 17, 2010 Filing 39 JOINDER to 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM ; filed by Counter Defendant Stephens Media LLC. (Williams, J.)
November 17, 2010 Filing 38 MOTION to Dismiss or Strike by Counter Defendant Stephens Media LLC. Responses due by 12/4/2010. (Williams, J.)
November 15, 2010 Filing 37 DECLARATION of Joseph C. Chu, Esq. re 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM ; by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. (Coons, John)
November 15, 2010 Filing 36 MOTION to Dismiss MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AND ADJUDICATION OR DISMISSAL OF COUNTERCLAIM by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC. Responses due by 12/2/2010. (Attachments: # 1 Exhibit)(Coons, John)
November 12, 2010 Filing 35 Submission of PROPOSED ORDER filed by Counter Defendant Righthaven LLC, Plaintiff Righthaven LLC SUBSTITUTION OF COUNSEL BY STIPULATION. (Mangano, Shawn)
November 11, 2010 Opinion or Order Filing 34 ORDER granting 31 Motion to Substitute Attorney. Attorney Kathleen Lu; Andrew P. Bridges and John Caleb Donaldson terminated. Signed by Magistrate Judge Robert J. Johnston on 11/9/10. (Copies have been distributed pursuant to the NEF - ECS)
November 10, 2010 Filing 33 STIPULATION to Extend Time for Rule 26 Conference by Defendants David Allen, Democratic Underground, LLC. (Opsahl, Kurt)
November 9, 2010 Opinion or Order Filing 32 ORDER granting 30 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Laurence F Pulgram and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 11/8/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
November 5, 2010 Filing 31 MOTION to Substitute Attorney on behalf of Defendants David Allen, Democratic Underground, LLC. (Opsahl, Kurt) Event type corrected on 11/6/2010 (SRK).
November 5, 2010 Filing 30 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Laurenc F. Pulgram and DESIGNATION of Local Counsel Chad A. Bowers (Filing fee $ 175 receipt number 0978-1788216) filed by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. Motion ripe 11/5/2010. (Bowers, Chad)
November 2, 2010 Opinion or Order Filing 29 ORDER GRANTING 28 Stipulation to Extend Deadline. Signed by Chief Judge Roger L. Hunt on 11/2/10. Stephens Media LLC answer due 11/17/2010. (Copies have been distributed pursuant to the NEF - ECS)
November 1, 2010 Filing 28 STIPULATION re 13 Answer to Complaint,, Counterclaim, ; to Extend Time for Stephens Media, LLC to File Responsive Pleading by Counter Defendant Stephens Media LLC. (Williams, J.)
October 14, 2010 Filing 27 SUMMONS Returned Executed by Democratic Underground, LLC re 23 Summons Issued. Stephens Media LLC served on 10/12/2010, answer due 11/2/2010. (Opsahl, Kurt)
October 13, 2010 Opinion or Order Filing 26 ORDER ON STIPULATION Granting 25 Stipulation for Extension of Time to File Responsive Pleading. Righthaven LLC answer due 11/17/2010. Signed by Chief Judge Roger L. Hunt on 10/13/10. (Copies have been distributed pursuant to the NEF - ASB)
October 8, 2010 Filing 25 STIPULATION re 13 Answer to Complaint,, Counterclaim, ; JOINT STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING TO COUNTERCLAIM by Plaintiff Righthaven LLC. (Coons, John)
October 7, 2010 Filing 24 CERTIFICATE of Interested Parties filed by David Allen, Democratic Underground, LLC. There are no known interested parties other than those participating in the case. (Opsahl, Kurt)
October 1, 2010 Filing 23 Summons Issued as to Stephens Media LLC. (ASB)
September 30, 2010 Filing 22 PROPOSED SUMMONS to be issued to Stephens Media LLC, filed by Counter Claimant Democratic Underground, LLC. (Opsahl, Kurt)
September 30, 2010 Filing 21 NOTICE: Attorney Action Required to 20 Proposed Summons to be issued. Attorney Kurt Opsahl advised to file a properly completed proposed summons to be issued to Stephens Media LLC; PDF submitted as doc #20 is a blank summons. (no image attached)(ECS)
September 29, 2010 Filing 20 PROPOSED SUMMONS to be issued to Stephens Media LLC, filed by Counter Claimant Democratic Underground, LLC. (Opsahl, Kurt)
September 29, 2010 Opinion or Order Filing 19 ORDER granting 15 Verified Petition for Permission for Attorney Andrew P. Bridges to Practice Pro Hac Vice for David Allen and Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 9/29/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
September 29, 2010 Opinion or Order Filing 18 ORDER granting 16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney J Caleb Donaldson for David Allen and Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 9/29/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
September 29, 2010 Opinion or Order Filing 17 ORDER granting 14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kathleen Lu for David Allen and Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 9/29/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
September 28, 2010 Filing 16 VERIFIED PETITION for Permission to Practice Pro Hac Vice by J. Caleb Donaldson and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1749740) filed by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. Motion ripe 9/28/2010. (Bowers, Chad)
September 28, 2010 Filing 15 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew P. Bridges and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1749654) filed by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. Motion ripe 9/28/2010. (Bowers, Chad)
September 28, 2010 Filing 14 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kathleen Lu and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1749642) filed by Counter Claimants David Allen, Democratic Underground, LLC, Defendants David Allen, Democratic Underground, LLC. Motion ripe 9/28/2010. (Bowers, Chad)
September 27, 2010 Filing 13 ANSWER to 1 Complaint, with Jury Demand ( Certificate of Interested Parties due by 10/7/2010., Discovery Plan/Scheduling Order due by 11/11/2010.), COUNTERCLAIM of Democratic Underground, LLC against Righthaven LLC, Stephens Media LLC filed by David Allen, Democratic Underground, LLC.(Opsahl, Kurt)
September 16, 2010 Opinion or Order Filing 12 ORDER granting 10 Verified Petition for Permission for Attorney Corynne McSherry to Practice Pro Hac Vice for David Allen and Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 9/16/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
September 16, 2010 Opinion or Order Filing 11 ORDER granting 9 Verified Petition for Permission for Attorney Kurt Opsahl to Practice Pro Hac Vice for David Allen and Democratic Underground, LLC and approving Designation of Attorney Chad Bowers as Local Counsel. Signed by Chief Judge Roger L. Hunt on 9/16/10. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ECS)
September 15, 2010 Filing 10 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Corynne McSherry and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1737703) filed by Defendants David Allen, Democratic Underground, LLC. Motion ripe 9/15/2010. (Bowers, Chad)
September 15, 2010 Filing 9 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kurt Opsahl and DESIGNATION of Local Counsel Chad Bowers (Filing fee $ 175 receipt number 0978-1737698) filed by Defendants David Allen, Democratic Underground, LLC. Motion ripe 9/15/2010. (Bowers, Chad)
September 10, 2010 Opinion or Order Filing 8 ORDER GRANTING 7 Stipulation to Extend Deadline. David Allen and Democratic Underground, LLC answer due 9/27/2010. It is further ordered future stipulations which do not fully comply with LR 6-1 will not be granted. Signed by Chief Judge Roger L. Hunt on 9/10/10. (Copies have been distributed pursuant to the NEF - ECS)
September 9, 2010 Filing 7 STIPULATION to extend time to file responsive pleading to Plaintiff's complaint by Defendants David Allen, Democratic Underground, LLC. (Bowers, Chad)
September 8, 2010 Filing 6 SUMMONS Returned Executed by Righthaven LLC re 3 Summons Issued. Democratic Underground, LLC served on 8/17/2010, answer due 9/7/2010. (Coons, John)
September 7, 2010 Filing 5 CERTIFICATE of Interested Parties filed by Righthaven LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Net Sortie Systems, LLC, Corporate Parent SI Content Monitor LLC for Righthaven LLC added.. (Coons, John)
August 11, 2010 Filing 4 AO 121 - REPORT on the filing or determination of an action or appeal regarding a copyright. Mailed to the Register of Copyrights, Copyright Office. (ASB)
August 11, 2010 Filing 3 Summons Issued as to Democratic Underground, LLC. (ASB)
August 11, 2010 Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (ASB)
August 10, 2010 Case assigned to Chief Judge Roger L. Hunt and Magistrate Judge Robert J. Johnston. (ASB)
August 10, 2010 Filing 1 COMPLAINT against David Allen, Democratic Underground, LLC (Filing fee $ 350 receipt number 0978-1702954), filed by Righthaven LLC. Certificate of Interested Parties due by 8/20/2010. Proof of service due by 12/8/2010. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Coons, John)

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Defendant: David Allen
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Defendant: Democratic Underground, LLC
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Plaintiff: Righthaven LLC
Represented By: Joseph C. Chu
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