declaration of j. malcolm devoy in support of defendant’s motion to dismiss for lack of subject...
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Declaration of J. Malcolm Devoy in support of defendant’s Motion to dismiss for lack of subject matter jurisdiction (Righthaven v. Wayne Hoehn)TRANSCRIPT
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Randazza
Legal Group 7001 W Charleston Blvd
#1043 Las Vegas, NV 89117
(888) 667-1113
Marc J. Randazza (Pro Hac Vice Admission Pending) J. Malcolm DeVoy IV (Nevada Bar No. 11950) RANDAZZA LEGAL GROUP 7001 W. Charleston Boulevard, # 1043 Las Vegas, NV 89117 Telephone: 888-667-1113 Facsimile: 305-437-7662 Randazza.com Attorneys for Defendant, Wayne Hoehn
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, vs. WAYNE HOEHN, an individual Defendant.
Case No. 2:11-cv-00050
DECLARATION OF J. MALCOLM DEVOY IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
DECLARATION OF J. MALCOLM DEVOY IN SUPPORT OF DEFENDANT’S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
I, J. MALCOLM DEVOY, hereby declare as follows:
1. I am a duly licensed attorney in Nevada and a member of the Nevada bar in good
standing, attorney for the Randazza Legal Group law firm, and counsel of record for
Defendant Wayne Hoehn in this matter.
2. On April 15, I used the Public Access to Court Electronic Records (“PACER”) system,
and this Court’s Case Management / Electronic Case Filing (“CM/ECF”) system, to
access the Defendants’ Supplemental Memorandum Addressing Recently Produced
Evidence Relating to Pending Motions (Doc. # 79) in Righthaven LLC v. Democratic
Underground LLC, Case No. 2:10-cv-01356-RLH-GWF (D. Nev., filed Mar. 9, 2011).
Case 2:11-cv-00050-PMP -RJJ Document 16-1 Filed 04/17/11 Page 1 of 2
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Randazza
Legal Group 7001 W Charleston Blvd
#1043 Las Vegas, NV 89117
(888) 667-1113
3. At this point, the Document had been unsealed and made part of the public record in that
case, pursuant to the Court’s April 14, 2011 order to unseal the evidence in Democratic
Underground LLC’s above-mentioned supplemental memorandum (Doc. # 79).
Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Order # 93 (D. Nev.,
filed Apr. 14, 2011).
4. Exhibit A to Democratic Underground LLC’s Supplemental Memorandum (Doc. # 79) is
the Strategic Alliance Agreement between Righthaven LLC and Stephens Media LLC,
which is attached to Defendant’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction as Exhibit A.
5. In addition to being a public document, Exhibit A is established to be a true and correct
copy of Righthaven LLC’s Strategic Alliance Agreement with Stephens Media LLC by
the Declaration of Laurence F. Pulgram in Support of Defendants’ Supplemental
Memorandum Addressing Recently Produced Evidence Relating to Pending Motions.
Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Doc. # 79-1 ¶¶ 6-8 (D.
Nev., filed Mar. 9, 2011).
I declare under penalty of perjury that the foregoing is true and correct.
Dated: April 17, 2011
By:
J. Malcolm DeVoy IV
Case 2:11-cv-00050-PMP -RJJ Document 16-1 Filed 04/17/11 Page 2 of 2