Righthaven v. Hoehn - Correspondence To Court of Appeals Regarding Activity of Receiver

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Case No. 11-16751 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
RIGHTHAVEN LLC, Plaintiff-Appellant, v. WAYNE HOEHN, Defendant-Appellee,
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA (Hon. Philip M. Pro) Case No. 2:11-cv-00050-PMP-RJJ
CORRESPONDENCE TO COURT OF APPEALS REGARDING ACTIVITY OF RECEIVER; DECLARATION OF ERIK S. SYVERSON
MILLER BARONDESS, LLP Erik S. Syverson (California SBN 221933) 1999 Avenue of the Stars, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 552-5236 Facsimile: (310) 552-8400 Email: esyverson@millerbarondess.com Attorneys for Plaintiff-Appellant Righthaven LLC
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CORRESPONDENCE TO COURT On behalf of its client, Plaintiff-Appellant Righthaven LLC (Righthaven), counsel respectfully submits to the Court correspondence comprising a status report regarding the appointment of a receiver by the District Court in the underlying matter, and subsequent developments related thereto. This correspondence is intended to apprise the Court of the authority and status of various counsel that have appeared before this Court on behalf of Righthaven, and of certain activity before the District Court that may affect this appeal. Appointment and Initial Activity of Receiver for Righthavens Assets On November 14, 2011, Appellee-Defendant Wayne Hoehn (Hoehn) filed a motion in the underlying action before the District Court, requesting that it order the appointment of a receiver to which Plaintiff Righthaven LLC (Righthaven) shall assign all of its intellectual property and other intangible property, which the receiver shall auction in order to partially satisfy Hoehns judgment and writ of execution entered against Righthaven. (Declaration of Erik S. Syverson (Syverson Decl.) Exh. A [D. Nev. Dkt. No. 62]) On December 12, 2011, the District Court issued an Order granting Hoehns motion after Righthaven failed to file a response. (Syverson Decl. Exh. B [D. Nev. Dkt. No. 66]) The appointed receiver, Ms. Lara Pearson, subsequently made certain reports to the District Court regarding the progress of the receivership. A first
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report, filed on January 3, 2012, advised the court of communications between Ms. Pearson and Righthavens prior counsel, Mr. Shawn Mangano, regarding the transfer of Righthavens intellectual property assets, and requested the District Courts intervention. (Syverson Decl. Exh. C [D. Nev. Dkt. No. 70]) Second and third reports, filed on January 6, 2012 and February 8, 2012, respectively, apprised the court of the results of the auction of Righthavens web domain name <Righthaven.com> and the distribution of funds raised through the auction. (Syverson Decl. Exhs. D, E [D. Nev. Dkt. Nos. 73, 81]) A fourth report, filed on February 20, 2012, informed the court of the receivers continuing inability to facilitate the transfer of Righthavens intellectual property assets. (Syverson Decl. Exh. F [D. Nev. Dkt. No. 82]) The receiver subsequently attended a hearing on a motion brought by Hoehn, which sought to compel Righthavens managers to execute transfers of Righthavens intellectual property assets. (Syverson Decl. Exh. G [D. Nev. Dkt. No. 91]) During that hearing, the District Court issued an order transferring the requested assets to the receiver. (Syverson Decl. Exh. H [D. Nev. Dkt. No. 90]) Response of Receiver to Pursuit of this Appeal Separate from the proceedings at the District Court, Righthaven engaged the undersigned counsel in order to maintain the instant appeal, as a result of its inability to communicate with prior counsel, Mr. Mangano. Through the
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undersigned counsel, Righthaven successfully corrected deficiencies with the service of the Excerpts of the Record and filed a Motion to Late File its Reply Brief. (9th Cir. Dkt. Nos. 28, 30) Shortly after the filing of the motion and proposed Reply Brief, the receiver sent correspondence to Righthavens CEO, Steven Gibson, and to the undersigned counsel, asserting that she had complete authority over Righthaven, that the CEO was retroactively terminated as of her appointment as a receiver, and that the undersigned counsel was to cease all activity on behalf of Righthaven. The receiver subsequently filed a report with the District Court on June 25, 2012, seeking post hoc authorization for her exercise of power over Righthavens officers and the undersigned counsel, and for a grant of broad authority to handle Righthavens affairs, and attaching her correspondence to Mr. Gibson and the undersigned counsel. (Syverson Decl. Exh. I [D. Nev. Dkt. No 91]) Going beyond the scope of her June 25 report, the receiver subsequently hired Mr. Allen Lichtenstein as additional counsel on behalf of Righthaven and instructed him to appear before this Court in this appeal. (9th Cir. Dkt. No. 31) Mr. Gibson, Righthavens CEO, has appeared pro se in the District Court to oppose the receivers recent actions, noting that the receiver appears to have greatly exceeded the scope of the authority granted by the District Court, and has failed to follow local procedures governing the conduct of receivers, including a
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local rule prohibiting receivers from hiring attorneys without prior court approval. (Syverson Decl. Exh. J [D. Nev. Dkt. No 91]) Current Status Presently, no hearing has yet been set at the District Court to resolve the dispute between the receiver and Righthavens management that has arisen as a result of the receivers recent acts and report. Likewise, no request has been made at the District Court to affirm the receivers intent to hire Mr. Lichtenstein as Righthavens attorney. As described above, currently pending activity before the District Court may have an impact on the instant appeal and its companion case (Case No 11-16995). Subject to intervening instruction from either this Court or the District Court in the matter below, the below signed counsel will reasonably inform this Court of changes in the status at the District Court.
DATED: July 5, 2012
Respectfully submitted, MILLER BARONDESS, LLP By: /s/ Erik S. Syverson ERIK S. SYVERSON Attorney for Appellant-Plaintiff Righthaven LLC
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DECLARATION OF ERIK S. SYVERSON I, Erik S. Syverson, hereby declare as follows: 1. I am an attorney at law, duly licensed to practice before the Ninth
Circuit Court of Appeals, and am a partner in the law firm of Miller Barondess, LLP. My firm was retained by the CEO of Plaintiff-Appellant Righthaven LLC (Righthaven) in this matter. I have personal knowledge of all of the facts contained in this declaration and, if called as a witness, I could and would competently testify to all of said facts. 2. On June 25, 2012, I received correspondence from Ms. Lara Pearson,
in which she asserted that she was the court-appointed receiver of Righthaven. Neither I nor my firm had previous contact with Ms. Pearson regarding Righthaven. In her correspondence, she asserted that she had retroactively fired Righthavens officers and that my firm was to take no additional action on this case. In preparing a response to Ms. Pearson, my office collected and reviewed several entries from the docket in the underlying matter at the District Court of Nevada, Case No. 2:11-00050. 3. Attached hereto as Exhibit A is a true and accurate copy of Docket
Entry 62 (Motion to Appoint Receiver) in District Court of Nevada, Case No. 2:1100050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system.
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4.
Attached hereto as Exhibit B is a true and accurate copy of Docket
Entry 66 (Order to Appoint Receiver) in District Court of Nevada, Case No. 2:1100050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 5. Attached hereto as Exhibit C is a true and accurate copy of Docket
Entry 70 (Receivers Report of January 3, 2012) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 6. Attached hereto as Exhibit D is a true and accurate copy of Docket
Entry 73 (Receivers Report of January 6, 2012) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 7. Attached hereto as Exhibit E is a true and accurate copy of Docket
Entry 81 (Receivers Report of February 8, 2012) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 8. Attached hereto as Exhibit F is a true and accurate copy of Docket
Entry 82 (Receivers Report of February 20, 2012) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system.
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9.
Attached hereto as Exhibit G is a true and accurate copy of Docket
Entry 91 (Transcript of March 5, 2012 Hearing) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 10. Attached hereto as Exhibit H is a true and accurate copy of Docket
Entry 90 (Order Transferring IP Assets) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 11. Attached hereto as Exhibit I is a true and accurate copy of Docket
Entry 92 (Receivers Report of June 25, 2012) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system. 12. Attached hereto as Exhibit J is a true and accurate copy of Docket
Entry 93 (Objections of Steven Gibson) in District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn, collected via the district courts ECF system.
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13.
As of July 5, 2012 at 2:52 p.m., no hearing date or further activity
appears on the ECF docket in the underlying matter, District Court of Nevada, Case No. 2:11-00050, Righthaven, LLC v. Hoehn. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed this 5th day of July 2012, at Los Angeles, California.
By: /s/ Erik S. Syverson ERIK S. SYVERSON Attorney for Appellant-Plaintiff Righthaven LLC
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CERTIFICATE OF SERVICE On Thursday, July 05, 2012, I served all counsel with the foregoing Correspondence through the Courts electronic filing system. DATED: July 5, 2012 Respectfully submitted, MILLER BARONDESS, LLP By: /s/ Erik S. Syverson ERIK S. SYVERSON Attorney for Appellant-Plaintiff Righthaven LLC
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EXHIBIT A
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Randazza Legal Group 7001 W Charleston Blvd #1043 Las Vegas, NV 89117 (888) 667-1113
Marc J. Randazza (Admitted Pro Hac Vice) J. Malcolm DeVoy IV (Nevada Bar No. 11950) RANDAZZA LEGAL GROUP mjr@Randazza.com jmd@Randazza.com 7001 W. Charleston Boulevard, # 1043 Las Vegas, NV 89117 Telephone: 888-667-1113 Facsimile: 305-437-7662 www.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. DEFENDANTS MOTION FOR APPOINTMENT OF RECEIVER AND COMPELLED ASSIGNMENT OF INTELLECTUAL PROPERTY IN PARTIAL SATISFACTION OF JUDGMENT Defendant Wayne Hoehn (Hoehn), through his attorneys, brings this motion seeking this Court to order the appointment of a receiver to which Plaintiff Righthaven LLC (Righthaven) shall assign all of its intellectual property and other intangible property, which the receiver shall auction in order to partially satisfy Hoehns judgment and writ of execution entered against Righthaven. (Docs. # 44, 59). I. Introduction Righthaven has consistently lost in this action, both before this Court (Docs. # 28, 43, 44) and before the Ninth Circuit Court of Appeals (Doc. # 57). In fact, Righthaven has lost a great many cases in this District on several different grounds, ranging from failing to serve its defendants on time, to losses on the issue of fair use even where whole copyrighted works were -1Case No. 2:11-cv-00050 DEFENDANTS MOTION FOR APPOINTMENT OF RECEIVER AND COMPELLED ASSIGNMENT OF INTELLECTUAL PROPERTY IN PARTIAL SATISFACTION OF JUDGMENT
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reproduced, to losses on a lack of standing.1 The Court gave Hoehn the option of posting a bond in order to avoid execution. (Doc. # 56). To date, Righthaven has refused to pay the lawful judgment entered against it and has refused the alternative posting a bond. Hoehns efforts to execute on Righthavens assets have been unsuccessful. (DeVoy Decl. 2-3) The fact is that Righthaven refuses to honor the judgment against it, and thus Mr. Hoehn must request this Honorable Courts assistance in satisfying the judgment. Righhavens CEO Steven Gibson famously appeared on the television show Face to Face for an interview with John Ralston. In that interview, Gibson gave a quote that has been repeated ad nauseum by bloggers and journalists writing about this matter: Youve got to respect the judicial process, John.2 Righthaven was originally grubstaked by Arkansas-based Stephens Media. In one of its earliest public relations pieces, Sherman Frederick, the former Publisher of the Las Vegas Review-Journal and CEO of Stephens, wrote of Righthavens opponents, We can't fix crazy. Or paranoia. But we can fix pilfering.3 Righthaven has not respected the judicial process, and its intransigence is difficult to explain. This court cant fix arrogance, and it cant compel heartfelt respect for the judicial process. It can fix contempt for its orders by compelling actions to give its orders meaning, and Mr. Hoehn asks it to do so in this Motion. The time has come for this Court to fix what it can, and to bring Righthavens lack of respect for the judicial process to an end. Righthaven, created and operated by an attorney, should have known better than to sue for infringement when the Defendants fair use was clear;
See Righthaven v. NewsBlaze LLC et al., Case No. 2:11-cv-00720 (Doc. # 25) (D. Nev. Nov. 4, 2011); Righthaven v. Newman, Case No. 2:10-cv-01762, 2011 U.S. Dist. LEXIS 116654 (D. Nev. Oct. 7, 2011); Righthaven v. Pahrump Life, Case No. 2:10-cv-01575, 2011 U.S. Dist. LEXIS 90345 (D. Nev. Aug. 12, 2011); Righthaven v. Mostofi, Case No. 2:10-cv-01066, 2011 WL 2746315 (D. Nev. July 13, 2011); Righthaven v. Barham, Case No. 2:10-cv-02150, 2011 WL 2473602 (D. Nev. June 22, 2011); Righthaven v. DiBiase, Case No. 2:10-cv-01343 2011 WL 2473531 (D. Nev. June 22, 2011); Righthaven v. Democratic Undergound, ___ F. Supp. 2d ____Case No. 2:10-cv-01356 2011 WL 2378186 (D. Nev. June 14, 2011); Jama, 2011 U.S. Dist. LEXIS 43952 (D. Nev. Apr. 22, 2011); Righthaven v. Leon, Case No. 2:10-cv-01672 (Doc. # 37) (D. Nev. Apr. 20, 2011); Righthaven v. Realty One Group, Inc., 38 Media L. Rep. at 2441. 2 John Ralston, Face to Face, June 22, 2011 at 5:21, found at http://www.lasvegassun.com/videos/2011/jun/22/5268/ (last accessed Nov. 6, 2011). 3 Sherman Frederick, Copyright Theft: Were not taking it anymore, Las Vegas Review-Journal, May 28, 2010, found at http://www.lvrj.com/blogs/sherm/Copyright_theft_Were_not_taking_it_anymore.html (last accessed Nov. 6, 2011).
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Righthaven should have known better than to sue for without the necessary rights to do so; and, Righthaven should have satisfied the judgment before forcing this additional remedy. Righthaven could have changed course at any time, but preferred not to. Since Righthaven has refused to satisfy the judgment, Hoehn is entitled to force Righthavens property into receivership and then to auction. Hoehn now moves this Court to put enact the process that will allow him to (at least partially) satisfy his judgment through Righthavens only known assets its intellectual property. II. Argument A. This Court Should Oder Righthaven to Assign its Intellectual Property to a Receiver, Who Will Auction off the Property to Partially Satisfy Hoehns Judgment. Righthavens current predicament is one that has confronted courts and creditors for hundreds of years. Judgment debtors are often unwilling to pay. In circumstances such as this, courts are empowered to take steps to give judgments meaning. The remedy sought in this motion is not unusual. When a judgment debtors property includes intellectual property rights, they are of some value. However, this value cannot be obtained or controlled in physical form. Thus they cannot be physically seized like money or other physical items. See Peterson v. Sheriff of San Francisco, 46 P. 1060, 1060 (Cal. 1896). The Supreme Court, however, provided a clear edict for resolving these problems in Ager v. Murray, 105 U.S. 126 (1881). In Ager, the Supreme Court recognized that intellectual property rights such as patents and copyrights could not be directly seized but, upon a court order, could be assigned by the debtor to a receiver, who would then sell the rights at auction to satisfy the creditors judgment. 105 U.S. at 126. Ager is directly on-point with respect to Righthavens putative copyright rights and nebulous proprietary infringement-seeking software (see Doc. # 521), and this intellectual property may be assigned to a receiver upon this Courts order. See also Sky Techs. LLC v. SAP AG, 576 F.3d 1374, 1379 (Fed. Cir. 2009) (citing Ager and explaining the process for seizing intellectual property rights in order to satisfy a judgment); Kenyon v. Automatic Instrument Co., 160 F.2d 878, 884 (6th Cir. 1947) (It is no longer open to question that a receiver appointed by a court may execute an assignment of a patent owned by an -3-
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insolvent debtor); Security-First Nat'l Bank v. Republic Pictures Corp., 97 F. Supp. 360, 369 (C.D. Cal. 1951) (A method of foreclosure not being prescribed, the Court, in the exercise of its equity jurisdiction, could prescribe proper notice either by analogy to the sales on execution as to which the state laws are followed or by devising a special procedure which satisfies the requirement of due process); Olive Branch Holdings v. Smith Tech. Dev., LLC, 181 Ohio App. 3d 479, 490 (Ohio Ct. App. 2009) (It is undisputed that a judgment-creditor may reach patents owned by a debtor as a means of satisfying its judgment). Righthaven holds at least one registered servicemark (Exh. A; DeVoy Decl. 18), at least one domain name, <righthaven.com>, and at least 250 copyright registrations (Exh. B; DeVoy Decl. 19). Righthavens domain names are intangible personal property akin to trademarks. CRS Recovery, Inc. v. Laxton, 600 F.3d 1138, 1143-44 (9th Cir. 2010); Kremen v. Cohen, 337 F.3d 1024 (9th Cir. 2003). Like Californias approach to intangible personal property, articulated in Kremen, Nevada recognizes it as something that embodies every intangible benefit and prerogative susceptible of possession or disposition. M.C. Multi-Family Dev., LLC v. Crestdale Assocs., Ltd., 193 P.3d 536, 543 (Nev. 2008) (citing Kremen, 337 F.3d at 1030). As intangible property, Righthavens copyright registrations, domain names, trademarks, and service marks may be properly assigned to a receiver to manage and auction them in fulfillment of Hoehns judgment and writ of execution (Docs. # 44, 59).4 See Ager, 105 U.S. at 126; Platt & Munk Co. v. Republic Graphics, 315 F.2d 847 (2d Cir. 1963); Zanetti v. Zanetti, 77 Cal. App. 2d 553 (Cal. Ct. App. 1st Dist. 1947); see also Marshak v. Green, 746 F.2d 927 (2d Cir. 1984) (delineating the requirements for assignment of trademarks). In this case, where not only a judgment has been entered in Hoehns favor (Doc. # 44), but a writ of execution as well (Doc. # 59), the Court is entitled to appoint a receiver for Righthavens intellectual property assets. In re McGaughey, 24 F.3d 904, 907 (7th Cir. 1994); Consolidated Rail Corp. v. Fore R. R. Co., 861 F.2d 322, 327 (1st Cir. 1988); U.S. v. Bartle, 159
As an ironic note in this case, the bare right of a trademark alone cannot be an effective assignment of the mark; associated goodwill must travel with it. Thus, Righthavens assignment of its trademarks and servicemarks to the receiver must entail all of the associated goodwill (such as it is) to be effective. E. & J. Gallo Winery v. Gallo Cattle Co., 967 F.2d 1280, 1289 (9th Cir. 1992); Burgess v. Gilman, 475 F. Supp. 2d 1051, 1055-56 (D. Nev. 2007).
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Fed. Appx. 723 (7th Cir. 2005). State law defines the process through which this assignment and auction is effected. Ager, 105 U.S. at 126. Nevada law contemplates exactly the scenario currently before the Court, as Nevada Revised Statutes section 32.010 allows a court to appoint a receiver in circumstances including: 3. After judgment, to carry the judgment into effect, 4. After judgment, to dispose of the property according to the judgment [] or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply the judgment debtor's property in satisfaction of the judgment. 6. In all other cases where receivers have heretofore been appointed by the usages of the courts of equity. NRS 32.010 (emphasis added); see, e.g., Tousa Homes, Inc. v. Phillips, 363 F. Supp. 2d 1274, 1285-86 (D. Nev. 2005). In this case, Hoehn has already secured a potential receiver, Lara Pearson, who may be appointed by the Court. (See generally Decl. of Lara Pearson.) Ms. Pearson has more than 12 years of litigation and transactional experience regarding trademark, copyright, domain name, patent and other intellectual property matters, is admitted to practice before this Court, and is subject to its jurisdiction. (Pearson Decl. 2-8, 11-13; DeVoy Decl. 24; Exh G.) In light of her intellectual property experience, Ms. Pearson is particularly well-suited, and qualified, to serve as court-appointed Receiver for Righthavens intangible assets. Ms. Pearson consents to this appointment; moreover, she is neutral, disinterested and free of conflicts in this matter and all other Righthaven litigation. (Pearson Decl. 9-10.) B. Assignment of Righthavens Property to a Receiver is the Fair, Natural and Equitable Consequence of Hoehns Judgment and Writ of Execution. The assignment of Righthavens intellectual property to a receiver is an appropriate remedy. When this Court entered judgment against Righthaven on August 15, 2011, it granted Plaintiff 30 days to pay the judgment. Righthaven claimed it would face bankruptcy if denied full relief from Hoehns judgment (Doc. # 51-2), and received a 30-day extension to post a bond for $34,045.50 with this Court on September 28, 2011. (Doc. # 56) Righthaven then sought -5-
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relief from the Ninth Circuit Court of Appeals, which it was summarily denied (Doc. # 57). On October 29, Hoehn sought a Writ of Execution from this Court (Doc. # 58), which he received on November 1, 2011 (Doc. # 59). Righthaven refused to post a bond with the court to secure Hoehns enforcement of his judgment. Righthaven has fully litigated its sought relief before this Court and the Ninth Circuit, introducing evidence to support its claims. (Doc. # 52); Righhtaven v. Hoehn, Case No. 1116995 (Docs. # 5, 6) (9th Cir. 2011). Righthaven has exercised every Due Process protection available to it. With its avenues to seek redress exhausted, Righthaven must finally respect the judicial process and satisfy this Honorable Courts lawfully entered judgment. It has been given ample time in which to do so or to post a supersedeas bond under Rule 62(d). Its refusal to do either is inexcusable and contemptuous. Its refusal, if unchecked, will send a message to any who might observe this case that judgments rendered by this Court are merely advisory. This message will be countered if this Honorable Court makes it clear that its Orders will be followed, or consequences follow for those who think otherwise. This seizure and forced assignment of assets is what happens when losing parties refuse to satisfy or post bonds for their judgments. Rule 62(d) allows for a party to post a supersedeas bond to avoid this outcome, and Hoehn specifically stipulated to Righthaven posting such a bond. (Doc. # 53) Righthaven refused, doubled-down on its legal position, and must live with the consequences. Based on the representations of Righthavens counsel (Doc. # 52-1),
Righthaven knew this day would come yet still refused to comply. This Court should remain unmoved by any pleas for mercy from the Plaintiff. In addition to long exhausting its avenues to seek relief (see Docs. # 56, 57), its conduct belies any reason to grant it an accommodation. Had Righthaven obtained a single judgment against any of its defendants, there is no doubt it would have immediately done the same if not worse to its victims. In violation of Federal Law, Righthaven attempted to seek a settlement through a defendants disability benefits, in direct violation of 42 U.S.C. 407. Righthaven v. Hill, Case
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No. 1:11-cv-00211 (Doc. # 27 at 16) (D. Colo. May 19, 2011). Any plaintiff who would do such a thing, and then beg this court for mercy, deserves contempt not relief. Because these intellectual property assets are readily available and Hoehns judgment has not been satisfied otherwise, these intellectual property rights should be used to at least partially satisfy Hoehns judgment and writ of execution. C. An Auction of Righthavens Intellectual Property Serves Both Parties Interests. An auction of Righthavens assets by a receiver is in the interest of both parties. The bulk of Righthavens intellectual property portfolio consists of more than 250 copyright registrations. (Exh. B) In addition, Righthaven owns servicemarks, at least one domain name, and proprietary search software, of which Righthavens counsel will not disclose more. (see Doc. # 52-1) Hoehn is entitled to auction off this property through a receiver. Merely assigning these rights to Hoehn does not recoup the costs of Hoehns extensive legal bills, incurred in response to Righthavens conduct. In fact, doing so will invite more wasteful litigation over their value. Instead, this Court should let the open market dictate their value. The conditions of a commercially reasonable sale should reflect a calculated effort to promote a sales price that is equitable to both the debtor and the secured creditor. Dennison v. Allen Group Leasing Corp., 110 Nev. 181, 186 (Nev. 1994) (citing Savage Constr. v. ChallengeCook, 102 Nev. 34, 37 (Nev. 1986)). The quality of the publicity, the price obtained at the auction, [and] the number of bidders in attendance are important factors to consider when analyzing the commercial reasonableness of a public sale. Dennison, 110 Nev. at 186 (citing Savage, 102 Nev. at 37). The proposed receiver, Ms. Pearson, is a well-known intellectual property attorney with more than a decade of relevant experience. (Pearson Decl. 2-5; Exh. G). Ms. Pearson will be able to draw a sufficient number of attendees to bid on Righthavens copyrights, trademarks, servicemarks, domain names and proprietary intellectual property. (Id. 11-13; see DeVoy Decl. 4-10.) While Righthavens intellectual property is difficult to appraise on its own, its value would be increased by several factors at public auction. Righthavens litigation campaign -7-
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within this District has been national news. Righthavens CEO, Steve Gibson, willingly and triumphantly dove into the national spotlight in 2010. See, e.g., David Kravets, Newspaper Chains New Business Plan: Copyright Suits, Wired (July 22, 2010),
http://www.wired.com/threatlevel/2010/07/copyright-trolling-for-dollars) (quoting Gibson as saying Media companies assets are very much their copyrights. These companies need to understand and appreciate that those assets have value more than merely the present advertising revenues). Since then, Righthavens attempt to capture public attention has been quite
successful, albeit 180 degrees from its initial plan. The scheme is regularly the subject of news in the Las Vegas Sun, Vegas Inc., The Denver Post and The New York Times to Ars Technica, Wired, TechDirt and the Drudge Report. The public has a palpable interest in Righthaven, and it is foreseeable that Righthavens assets will take on the form of legal memorabilia, and thus their auction price would be higher than their inherent value. As such, broad participation in a widely publicized auction will ensure that Righthavens intellectual property assets receive at least their fair market value and likely far more. Hoehns counsel has already received requests for Rightaven property from curious collectors and other parties who wish to have a piece of Righthaven memorabilia.5 (DeVoy Decl. 4-10.) D. The Courts Order Must Require Righthaven to Act Swiftly or Face Serious Consequences. To effectively transfer Righthavens intellectual property and satisfy Hoehns judgment, the Court may appoint a receiver to take custody of Righthavens intellectual property. Ms. Pearson has volunteered to assume this position, and welcomes this Courts appointment. (Pearson Decl. 8, 11-13.) To complete the transfer of intellectual property, an authorized representative of Righthaven must assign all of its rights in its copyrights,
trademarks/servicemarks, domain names and proprietary technology to the receiver. To expedite this process, Hoehn submits that Righthaven should effect individual assignments for each piece of intellectual property, so there is no doubt as to the assignment, using the forms provided in
Strangely enough, the largest number of requests have been for a bluetooth headset worn by Righthaven CEO, Steve Gibson. (DeVoy Decl. 9.)
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Exhibits C, D, E and F for copyrights, trademarks/servicemarks, domain names and other intellectual property, respectively. (DeVoy Decl. 20-23.) Within seven (7) days of this Courts order, Righthaven shall effect assignment of all of these rights to the receiver. Given Righthavens demonstrated extreme penchant for delay and multiplying the proceedings in this action, swift action is necessary; Righthaven has consistently demonstrated that it will take every opportunity to delay a resolution of this matter and frustrate Hoehns satisfaction of his judgment. (Docs. # 52, 57); Hoehn, Case No. 11-16995 (Docs. 5-8) (9th Cir. 2011); Hoehn, Case No. 11-16751 (Docs. 4-6) (9th Cir. 2011). Once these assignments are effected, Righthaven shall file a notice with this Court certifying that it has complied with this Order. If this Order is not complied with within seven days of its issuance, the Court should issue a writ of bodily attachment for Righthavens officers, Mr. Steven A. Gibson, Chief Executive Officer; and Raisha Y. Gibson, a/k/a Drizzle, Chief Administrative Officer, so the U.S. Marshals may make them appear in Court so as to a) immediately effect written transfers of Righthavens intellectual property to the receiver, or b) explain Righthavens failure to do so, on pain of contempt. E. The Receiver Should Take Possession of, and Auction off, Righthavens Tangible Property as Well. Rightavens offices have long been abandoned. (DeVoy Decl. 12-14.) Even when they were in use, they were not the exclusive place where Righthaven conducted its business (id. 15). On information and belief, the company has done little since June 1, 20116 except transfer its money to its CEO and its CAO, who happen to be husband and wife. Its current operations are believed to be run entirely out of the Gibson household. Therefore, it is presumed that Righthaven owns little tangible property of material value. Nevertheless, it must own something, and that something has an inherent value which can be determined at auction. Much like its intangible property, its value may come more from collectors than from those who actually want the physical items.
6
28
Righthaven has filed no new lawsuits since May 2011.
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In a case similar to this one, United States v. Kaczynski, the U.S. District Court for the Eastern District of California allowed third party to auction off personal items belonging to Ted Kaczynski, better known as the Unabomber. 446 F. Supp. 2d 1146, 1149-50, 1153 (E.D. Cal. 2006), affd U.S. v. Kaczynski, 551 F.3d 1120 (9th Cir. 2009). Like Righthaven, the Unabomber was a looming public figure whose bizarre, reclusive existence and possessions became a subject of public intrigue following the discovery that he lived alone in a secluded rural shack. Thus, the Court found it proper for the Marshals to coordinate a public sale of Kaczynskis personal items to partially satisfy a restitution agreement Kaczynski entered with the United States. Id. at 1148, 1153. This Courts Order should include instructions to Righthavens CEO and CAO that any and all objects, items, or other property belonging to Righthaven should be delivered to the Receiver for auction. See NRS 32.010(3); Kaczynski, 446 F. Supp. 2d at 1153. F. The Relief Granted Should Include an Additional Award of Attorneys Fees for the Time Spent on this Motion and in Pursuit of Righthavens Assets, Generally. It is well settled that fees incurred in establishing a losing partys fee liability are credited to the prevailing party. See Clark v. Los Angeles, 803 F.2d 987, 992 (9th Cir. 1986); In re Nucorp Energy, 764 F.2d 655, 661 (9th Cir. 1985). In this case, Righthavens intransigence has led to the expenditure of even more fees, which are properly taxed to Righthaven. Webb v. Ada County, 285 F.3d 829, 835 (9th Cir. 2002) (holding that fees expended in recovery of a judgment awarded under federal fee-shifting statute were recoverable from losing party). This should include the fees for drafting this Motion, any fees incurred in drafting a Reply Brief, and any other fees incurred by the Defendant and the court-appointed Receiver. G. Righthaven Will Seek Further Delays This Court Should Not Grant Them. Righthaven has used each and every extension it received in this case to merely frustrate Hoehns resolution of this action. When Righthaven sought an extension to file its response to Hoehns motion to dismiss, it used the window of extension to radically amend its Strategic Alliance Agreement with Stephens in an effort to create standing where it was manifestly lacking - 10 -
28
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(Docs. # 20, 22, 28). Once Hoehn obtained a judgment for his attorneys fees, Righthaven sought to stay its enforcement, receiving a 30-day stay (see Docs. # 52, 56) only to not post a bond and force Hoehn to seek a writ of execution (Docs. # 58, 59) and the relief sought in this motion. Righthavens stalling is not a phenomenon limited to this case. When Righthaven was sanctioned by Judge Hunt in Democratic Underground, it failed to timely comply with the courts sanction order, and sought an extension a day after its sanctions were due. Case No. 2:10cv-01356 (Doc. # 143) (D. Nev. July 29, 2011). Rather than explain its failure to comply, Righthaven informed the court that it was evaluating whether it could post a bond for the courts monetary sanctions, and whether it could appeal the sanctions order. Id. This tactic bought Righthaven yet more time to make payments to its officers and other insiders, dissipating assets that it surely knew by that date, after receiving numerous adverse decisions,7 would be targeted by prevailing defendants who obtained attorneys fee awards such as Hoehn. The longer Righthaven can delay its demise, the more assets it may transfer to its Chief Executive and Chief Administrative Officers, and counsel. Righthaven has no endgame in mind and, as this Court has noted, no likelihood of success on appeal (Doc. # 56). Thus, instead of satisfying Hoehns judgment and soldiering on to obtain vindication from the Court of Appeals, Righthaven seeks to live just another month so that it can further enrich its insiders at Hoehns expense. These fraudulent transfers are the only outcome of Righthavens delays. As Hoehn has provided Righthaven with the documentation necessary to effect the assignment of its rights to a Receiver in Exhibits C, D, E and F, seven days will be more than adequate time for Righthaven to comply with this Courts order. The task at hand for Righthaven is simple and
straightforward, and no accommodation should be given so that Righthaven has yet another opportunity to dissipate its assets in frustration of Hoehns lawful judgment.
28
By July 29, Righthavens claims had been dismissed for lack of standing in the Democratic Underground, Hoehn, DiBiase, Barham and Mostofi cases, and Hoehn and DiBiase had filed their respective motions for attorneys fees.
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Conclusion As Righthaven has refused to satisfy Hoehns judgment with money, Hoehn is entitled to fulfill his judgment through the sale of Righthavens property. This is no surprise to Righthaven, and its counsel even foresaw this outcome upon failing to post a bond for Hoehns judgment (Doc. # 52-1); Hoehn, Case No. 11-16995 (Docs. # 5-2, 6-2). After seeking relief from both this Court and the Ninth Circuit Court of Appeals, Righthavens fate is sealed (Docs. # 56, 57). The laws of the United States and Nevada provide a simple solution to judgment creditors in Hoehns predicament: The Court may appoint a receiver, in this case Ms. Pearson, to whom Righthaven assigns all of its property. The receiver shall then conduct a commercially
reasonable sale of all of Righthavens intellectual property. Righthaven is the stuff of legend. The intense media focus placed on Righthaven, which Righthaven begged for, suggests that the public will turn out to seek a piece of this company which could have avoided all of this by posting a mere $34,045.50 bond. It is clear that Righthaven would prefer not to respect the judicial process. Granting this Motion will render its preference irrelevant, but will ensure that Hoehn does not wind up being wholly uncompensated, and it will serve the public interest by sending a clear signal that those who defy this courts orders may not do so without consequence.
Dated November 14, 2011
Respectfully Submitted, RANDAZZA LEGAL GROUP
Marc J. Randazza J. Malcolm DeVoy IV Attorneys for Defendant, Wayne Hoehn
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CERTIFICATE OF SERVICE Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am a representative of Randazza Legal Group and that on this 14th day of November, 2011, I caused the document(s) entitled: DEFENDANTS MOTION FOR APPOINTMENT OF RECEIVER AND COMPELLED ASSIGNMENT OF INTELLECTUAL PROPERTY IN PARTIAL SATISFACTION OF JUDGMENT and all attachments to be served as follows: [ ] Pursuant to Fed. R. Civ. P. 5(b)(2)(D), to be sent via facsimile as indicated; and/or
[X]
by the Courts CM/ECF system.
/s/ J. Malcolm DeVoy J. Malcolm DeVoy
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EXHIBIT B
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** RIGHTHAVEN, LLC a Nevada limited ) ) liability company, ) ) ) Plaintiff, ) ) vs. ) ) WAYNE HOEHN, an individual, ) ) Defendant. ) 2:11-CV-00050-PMP-RJJ ORDER
Before the Court for consideration is Defendants Motion to Appoint Receiver and Compel Assignment of Intellectual Property (Doc. #62) filed November 14, 2011. To date, Plaintiff has failed to file a response and therefore, in accord with the Local Rules of this Court consents to the granting of Defendants Motion. IT IS THEREFORE ORDERED that Defendants Motion to Appoint Receiver and Compel Assignment of Intellectual Property (Doc. #62) is hereby GRANTED. DATED: December 12, 2011.
PHILIP M. PRO United States District Judge
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EXHIBIT C
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Lara Pearson (Nev. Bar No. 7132) Lara@Rimonlaw.com RIMON, P.C. PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 tel.: 775-833-1600 fax: 888-842-4492 rimonlaw.com Receiver for Righthaven, LLC
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
9 10 11 12 13 14 15 16 17 18 19 20 21 process and awaited compliance or communication from Righthaven regarding the trademark 22 23 24 25 26 27 28 copyright assignments (combined into a single PDF) requiring only the signature of Righthaven's -1and copyright assignments provided to it with the Motion. (Pearson Decl., 1, 3.) Righthavens counsel, Mr. Magano, first contacted me on December 21, 2011to request guidance on compliance with the district courts December 12, 2011 Order. (Pearson Decl. Exh. 1.) In response, I sent Mr. Magano a pro forma trademark assignment (Pearson Decl. Exh. 2) and 278 Appointment of Receiver and Compelled Assignment of Intellectual Property (the Motion). (Doc. # 62.) The Motion contained pro forma copyright and trademark assignments. (Doc # 62, Exhs. C & D.) On December 12, 2011, the Court granted the unopposed Motion. (Doc. # 66.) Understanding the motion to be self-executing, I began the domain name transfer vs. WAYNE HOEHN, an individual, Defendant. On November 14, 2011 Defendant Wayne Hoehn (Hoehn) filed a Motion for RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, NOTICE OF RECEIVERS REPORT Case No. 2:11-cv-00050
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CEO, a date, and notarization. (Pearson Decl. Exh. 3.) Mr. Magano responded to my December 22, 2011 letter a week later, on December 29, 2011 (Pearson Decl. Exh. 11.). His response expressed concern that Mr. Gibson is unable execute the assignment agreements absent consent from the other limited-liability company member and stated that Mr. Gibson cannot execute copyright assignments purporting to transfer any and all copyrights owned, since the district court determined that Righthaven does not own the copyrights to be assigned. (See Id.) I informed Mr. Magano that I understand Righthaven is to execute assignments of whatever rights it may possess, if any. (Pearson Decl. Exhs. 12, 14.) I have tried to work with Righthaven to ensure its compliance with the Court's December 12, 2011 Order, but Righthaven has refused to execute the copyright assignments and has ignored repeated requests for a trademark assignment and an inventory of physical assets without explanation. (Pearson Decl. 32.) I provided a courtesy copy of this Notice to Righthaven prior to filing (Pearson Decl. Exh. 16), but Righthavens counsel did not respond to my request to avoid judicial intervention. (Pearson Decl. 34.) Accordingly, I request guidance from the Court as to whether Righthaven is required to transfer any and all rights it may possess (even if none) in order to effectuate the courts December 12, 2011 Order. (Doc # 66.) Respectfully submitted,
By:__________________________ Lara Pearson PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 tel.: 775-833-1600 fax: 888-842-4492 Receiver for Righthaven, LLC -2-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3By: ______________________ Lara Pearson, Esq. CERTIFICATE OF SERVICE I hereby certify that the forgoing document was served on this 3rd day of January, 2012 via email (by prior consent) to Righthavens counsel, Shawn Magano at Shawn@maganolaw.com and Mr. Wayne Hoehns counsel, Marc Randazza at mjr@randazza.com.
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EXHIBIT D
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1/// /// for $3,300.00. (Pearson Decl. Exh A). The funds shall be distributed as follows: 1. 2. 3. 4. 10% to Snapnames as their fee 10% to the Receiver as her fee Remainder to secured creditors in order of priority Remainder to unsecured creditors in order in which their claims were made to the Receiver. Appointment of Receiver and Compelled Assignment of Intellectual Property (the Motion). (Doc. # 62.) On December 12, 2011, the Court granted the unopposed Motion. (Doc. # 66.) Under my authority as Receiver, I commenced a domain name auction of <Righthaven.com> on December 26, 2011, which auction ended at 12:15 P.S.T. today. The domain name was auctioned vs. WAYNE HOEHN, an individual, Defendant. On November 14, 2011 Defendant Wayne Hoehn (Hoehn) filed a Motion for RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, NOTICE OF DISTRIBUTION OF FUNDS FROM DOMAIN NAME AUCTION Case No. 2:11-cv-00050
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Respectfully submitted,
By:__________________________ Lara Pearson PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 tel.: 775-833-1600 fax: 888-842-4492 Receiver for Righthaven, LLC
CERTIFICATE OF SERVICE I hereby certify that the forgoing document was served on this 5th day of January, 2012 via email (by prior consent) to Righthavens counsel, Shawn Magano at Shawn@maganolaw.com and Mr. Wayne Hoehns counsel, Marc Randazza at mjr@randazza.com.
By: ______________________ Lara Pearson, Esq.
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EXHIBIT E
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9 10 11 12 13 14 15 16 17 18 19 20 21 was auctioned for $3,300.00. (Pearson Decl. Exh A). The funds have been disbursed follows: 22 23 24 25 26 27 28 -1/// 1. 10% to Snapnames as its fee ($330.00) 2. 10% to the Receiver as her fee ($330.00) 3. Remainder to secured creditors in order of priority (Wayne Hoehn $2,406.00) 4. Remainder to unsecured creditors in order in which their claims were made to the Receiver (none). Appointment of Receiver and Compelled Assignment of Intellectual Property (the Motion). (Doc. # 62.) On December 12, 2011, the Court granted the unopposed Motion. (Doc. # 66.) Under my authority as Receiver, I commenced a domain name auction of <Righthaven.com> on December 26, 2011, which auction ended at 12:15 P.S.T. on January 6, 2012. The domain name vs. WAYNE HOEHN, an individual, Defendant. On November 14, 2011 Defendant Wayne Hoehn (Hoehn) filed a Motion for RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, NOTICE OF FUNDS DISBURSEMENT FROM DOMAIN NAME AUCTION Case No. 2:11-cv-00050
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Respectfully submitted,
By:__________________________ Lara Pearson PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 tel.: 775-833-1600 fax: 888-842-4492 Receiver for Righthaven, LLC
CERTIFICATE OF SERVICE I hereby certify that the forgoing document was served on this 8th day of February, 2012 via email (by prior consent) to Righthavens counsel, Shawn Magano at Shawn@maganolaw.com and Mr. Wayne Hoehns counsel, Marc Randazza at mjr@randazza.com.
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EXHIBIT F
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9 10 11 12 13 14 15 16 17 18 19 20 21 required to transfer any and all rights it may possess (even if none) in order to effectuate the 22 23 24 25 26 27 28 -1courts December 12, 2011 Order. (Doc. # 70). Since that time, my attempts to facilitate the transfer of Righthavens copyrights (if any) and other tangible and intangible assets have been unsuccessful. Righthaven has made no attempt to transfer whatever rights it may have in the 278 copyrights registered to it, nor has it made any attempt to transfer the RIGHTHAVEN and Castle Appointment of Receiver and Compelled Assignment of Intellectual Property (the Motion). (Doc. # 62.) The Motion contained pro forma copyright and trademark assignments. (Doc. # 62, Exhs. C & D.) On December 12, 2011, the Court granted the unopposed Motion. (Doc. # 66.) On January 3, 2012, I requested guidance from the Court as to whether Righthaven is vs. WAYNE HOEHN, an individual, Defendant. On November 14, 2011 Defendant Wayne Hoehn (Hoehn) filed a Motion for RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, NOTICE OF RECEIVERS REPORT Case No. 2:11-cv-00050
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Mark trademarks or any of its tangible assets. Righthaven also has not provided any plausible explanation for its failure to comply with the December 12, 2011 Order. Righthaven similarly appears to have ceased participating in Case No. 2:10-cv-01343, also before this Court. Righthaven failed to comply with the February 7, 2012 Order requiring it to provide certain documents on that day as well as additional information by February 14, 2012 (Doc. # 105). Activity in that case is relevant to the instant case because I have informed all parties in both cases of my agreement to be bound by the Protective Order in Case No. 2:10-cv01343. All parties in both cases know that I intend to review any information obtained that may lead to the identification, location and auction of property to be auctioned under my Receivership. Accordingly, I seek assistance from the Court in enforcing the December 12, 2011 Order in order to enable me to carry out my duties as the Receiver. Respectfully submitted,
By:__________________________ Lara Pearson PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 775-833-1600 tel.: fax: 888-842-4492 Receiver for Righthaven, LLC
CERTIFICATE OF SERVICE
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I hereby certify that the forgoing document was served on this 20th day of February, 2012 via email (by prior consent) to Righthavens counsel, Shawn Magano at Shawn@maganolaw.com and Mr. Wayne Hoehns counsel, Marc Randazza at mjr@randazza.com.
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EXHIBIT G
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LAS VEGAS DIVISION
RIGHTHAVEN LLC, Plaintiff, vs. WAYNE HOEHN, Defendant.
) ) ) ) ) ) ) ) )
CASE NO:
2:11-CV-0050-PMP-RJJ CIVIL
Las Vegas, Nevada Monday, March 5, 2012 (4:13 p.m. to 4:25 p.m.)
MOTION HEARING BEFORE THE HONORABLE PHILIP M. PRO, UNITED STATES DISTRICT JUDGE
Appearances: Court Recorder:
See Next Page Joan Quiros; FTR
Courtroom Administrator: D. Sherwood Transcribed by: Exceptional Reporting Services, Inc. P.O. Box 18668 Corpus Christi, TX 78480-8668 361 949-2988
Proceedings recorded by electronic sound recording; transcript produced by transcription service.

EXCEPTIONAL REPORTING SERVICES, INC
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 33of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 2 of 119 (43 of 129) 2 APPEARANCES FOR:
Plaintiff: Defendant:
None Appearing MARC RANDAZZA, ESQ. 302 Washington Street San Diego, CA 92013 JAMES M. DeVOY, ESQ. Randazza Legal Group 3969 Fourth Avenue San Diego, CA 92103
Receiver:
LARA PEARSON, ESQ. (Telephonically) Law Office of Lara Pearson, Ltd. 774 Mays Blvd., No. 10, PMB 405 Incline Village, NV 89451
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 34of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 3 of 119 (44 of 129) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 phone? MS. PEARSON: THE COURT: THE CLERK: THE COURT: On the phone, your Honor. And what about Mr. Mangano, Donna? No, your Honor. He's not here. Well, have you had present. THE CLERK: THE COURT: Las Vegas, Nevada; Monday, March 5, 2012; 4:13 p.m. (Ms. Pearson Appeared Telephonically) (Call to Order) All rise. Have a seat everybody. All right. The record We're
convened in Righthaven v. Hoehn, 11-Civil-50.
should reflect the presence of -- we have Mr. James DeVoy and Marc Randazza for Defendants; is that correct? MR. RANDAZZA: THE COURT: Welcome. We have Lara Pearson, Receiver. Is she here on the Yes, your Honor.
And also Laura Tucker, a UNLV student
contact with Mr. Mangano? MR. RANDAZZA: THE COURT: him, Donna. as counsel? MR. RANDAZZA: (Pause) THE CLERK: It's just ringing. No, your Honor. We haven't heard from him, your Honor. Go ahead and put a call into
All right.
I don't know what -- Mr. Mangano has not withdrawn
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 35of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 4 of 119 (45 of 129) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mangano? MR. RANDAZZA: THE COURT: In probably January. Mangano? MS. PEARSON: mid-January, your Honor. THE COURT: THE CLERK: All right. And -I have not heard from Mr. Mangano since filings. Ms. Pearson, when did you last have contact with Mr. THE COURT: Well, let's see what we have on the
The telephone number on his last pleading
is 304-0432 and that's also the number on CMECF and it's just ringing. THE COURT: Yes, I was just checking that.
Mr. Randazza, when did you last have contact with Mr.
Mid-January? Your Honor, unfortunately, this has
MR. RANDAZZA:
been pretty common in this case and in the other cases we have with him. THE COURT: He doesn't show up? Yes. He didn't show up for a We had a
MR. RANDAZZA:
mandatory Tenth Circuit Court of Appeals mediation. debtor's exam here that he didn't show up to. THE COURT:
He didn't show up but then he did, didn't
-- I mean, it was aborted and then reset? MR. RANDAZZA: He did ultimately show up, yes, but
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 36of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 5 of 119 (46 of 129) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 us a bit. Honor. with him. the first time he just didn't show up and said that he had scheduled it for a different day despite being given five notices in writing when it was to be. THE COURT: I don't think I've had this experience
I don't recall that he's -- really that we've had
maybe more than one hearing but I don't recall that he failed to appear. Well, we're not able to reach him on -THE CLERK: No. There's not even a voicemail, your
There's nothing. THE COURT: All right. Well, that rather handicaps
Obviously, I want to show cause why he's not here
but, you know, since these filings were made I made an adjustment on the writ of execution, writ of attachment. I
also denied the contempt because the debtor exam went forward ultimately. But as a live issue and the subject of complying with the Court's order regarding transferring of any copyright -any rights, intellectual property rights -- now I realize there's filings on both sides debate but I need to have his argument as well as yours to address the merits of that. Now did you travel in from out of town? MR. RANDAZZA: THE COURT: address so okay.
No, your Honor, I'm local here now. All right. I see the Warm Springs
Okay.
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 37of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 6 of 119 (47 of 129) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me. job. MR. RANDAZZA: THE COURT: I am. MR. RANDAZZA: Yes. Since this case has begun, your
Honor, I've moved to Las Vegas. THE COURT: You've become a full time -- a full time
Well, Ms. Pearson, maybe you can update
I know your last report indicated you were looking for
some direction but I guess there is no help if you haven't had any contact with counsel for Righthaven during the interim. I correct? MS. PEARSON: No, your Honor. Since I wrote the Am
initial motion, I did hear from Mr. Mangano and he and Mr. DeVoy agreed that they would ask the Court to transfer the copyrights and the two trademarks. Mr. Mangano then prepared a
motion which was not -- it didn't really effectuate the transfer. Mr. DeVoy then prepared a countermotion to which the
parties would stipulate and then we haven't heard from Mr. Mangano since, despite attempts at contact both by myself and Mr. Hoehn's counsel. THE COURT: All right. Now I recall from the motion
for writ of body attachment part of the debate back and forth focused on how can we transfer what the Court has said we don't own and who prepares the paperwork. Are you really addressing that that -- there was some effort to reach a stipulation to accomplish that actual
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 38of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 7 of 119 (48 of 129) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 asking -THE COURT: Well, I can't order them to transfer what stip -MR. RANDAZZA: THE COURT: No. transfer then? MR. RANDAZZA: know, really -THE COURT: I don't recall seeing a filing with the We tried that, your Honor, but, you
-- that didn't get filed in other words? No, it did not, your Honor.
MR. RANDAZZA: THE COURT:
Okay. And, you know, we understand that they
MR. RANDAZZA:
have some -- that they are at least taking the position that they cannot transfer that which they do not have. THE COURT: Right. We're not asking for that. We're
MR. RANDAZZA:
they don't have, obviously. MR. RANDAZZA: assignment. THE COURT: Yes. Whatever it is they do have -We're asking for a quitclaim
In essence, such right as they have --- they should transfer. And they
MR. RANDAZZA:
have, you know, really the behavior has been a little weird. THE COURT: Well, why can't I just order that?
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 39of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 8 of 119 (49 of 129) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certain. that? MR. RANDAZZA: THE COURT: You could order it, your Honor.
Why can't I just order that such right as
they have is hereby transferred? MR. RANDAZZA: Well, because we have to then have all
-- we have to have all of the individual copyrights assigned and we think it would be better if they simply executed the assignments. I suppose you could simply order that they are
all now hereby transferred to Ms. Pearson. THE COURT: Ms. Pearson, would you need more than
Would you need something signed by Mr. Mangano on behalf
of his clients? MS. PEARSON: To be honest, your Honor, I'm not
I'm not sure -THE COURT: MS. PEARSON: Neither am I. -- what we need to record with the
copyright office, if it would be sufficient to submit a court order transferring me rights, or if we have to actually have to have something signed by the owner. THE COURT: Well, I would think -- I don't know.
You-all might be able to determine if the copyright office would accept such an order, particularly if it's prepared along the lines of this stipulation that you-all apparently had prepared -MR. RANDAZZA: THE COURT: Yes.
-- or proposed that articulated --
Case: 11-16751 07/05/2012 ID: 8239012 91 DktEntry: 34-2 Page: 40of 13 Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 9 of 119 (50 of 129) 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seeking -THE COURT: You're seeking transfer. -- it to be auctioned off, yes. MR. RANDAZZA: Your Honor, under 17 USC Section 201, So I do
a copyright can be transferred under operation of law.
believe your Honor could order all of these copyrights to be hereby transferred to the receiver. With respect to any
patents, other software, or trademarks, I don't know of any specific statutory authority that would allow that. However, I
don't see any reason why you couldn't order the trademark to be transferred or cancelled within a certain period of time. You
certainly have the authority to cancel it as a district court judge. THE COURT: But you're not seeking cancellation. We are not, your Honor. We are
MR. RANDAZZA:
Right. So, I guess, that would be the --
It's got to be an effective transfer or
you're not going to have anything to auction, you know, not effectively. MR. RANDAZZA: THE COURT: Right.
That's the problem. I mean, I'm
Well, we can go one of two ways.
prepared, in view of the history of this and the failure of -unexplained failure of Plaintiff to attend, to simply order the
Case: 11-16751 07/05/2012 ID: 823901291 DktEntry: 34-2 Page: 10 of 13 (51 of 129) Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 41 of 119 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transfer and direct that you prepare along the lines of whatever that stipulation was the proposed order which I would then sign that could be filed with the copyright office. certainly prepared to do that. MR. RANDAZZA: THE COURT: Okay. I'm
Or we can set a further hearing and try
and figure out what is going on with Mr. Mangano, why he's not here, and delay further and explore further. MR. RANDAZZA: Your Honor, I think your Honor's
suggestion is elegant and takes care of the problem. THE COURT: Let's just get to it, get it done. Okay.
That really -- instead of ordering a writ
of body attachment, I'll simply order that the copyright interests, to the extent any such interests remain, or exiting writ will be transferred to Defendant and if you can prepare the order to accomplish that the Receiver can then go forward. MR. RANDAZZA: the same for -THE COURT: Yes. -- any patents as well? And the same for the trademarks and
Yes. Great. We will --
MR. RANDAZZA: THE COURT: talking about --
I mean, you have an idea what we're
Case: 11-16751 07/05/2012 ID: 823901291 DktEntry: 34-2 Page: 11 of 13 (52 of 129) Case 2:11-cv-00050-PMP -RJJ Document Filed 03/19/12 Page 42 of 119 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. RANDAZZA: THE COURT: Yes, your Honor.
-- what they are and that's why I said,
and since you had had this dialog with Mr. Mangano back and forth. I mean, you've got the parameters of what you need,
let's go ahead and get that issue, get it submitted to me and I think that's the only thing that's remaining right now in this case unless Im missing something. MR. RANDAZZA: THE COURT: At this time, that's all, your Honor. And Ms. Pearson, is there
All right.
anything else that you need direction on to the extent that I can provide it? MS. PEARSON: No, your Honor. I think it was just
getting the assets transferred to me so that I can auction them and get some assets to be then distributed to the Defendant. THE COURT: Right. I saw your report where you had I appreciate that. But all right,
some that were distributed.
well that at least will be a step forward unless there's something else. MR. RANDAZZA: Okay. We'll prepare that for you
immediately, your Honor, as the -THE COURT: All right. So the minutes should reflect
the Plaintiff having failed to attend today's hearing, the Court deems that an admission by a Defendant or acquiescence by Defendants to be ordered to transfer along the lines that we've just outlined. Okay.
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MR. RANDAZZA: THE CLERK: MS. PEARSON: THE COURT:
Thank you, your Honor.
The motion is -Thank you, your Honor. No, the motion for writ of body That was a --
attachment is not granted. THE CLERK: THE COURT: Okay.
-- different creatures.
Instead, what
I've -- so, for purposes of your minutes, 68 should be denied and instead I'm ordering the transfer and counsel for Defendant will prepare the order. THE CLERK: THE COURT: Yes, your Honor. Okay. All right.
MR. RANDAZZA: THE COURT: MS. PEARSON: THE COURT: MS. PEARSON:
Thank you, your Honor.
Thank you, everybody, appreciate it. Thank you, your Honor. Thanks, Ms. Pearson. You're welcome, thank you.
(Proceeding was adjourned at 4:25 p.m.)
CERTIFICATION
I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the aboveentitled matter.
March 19, 2012 _
TONI HUDSON, TRANSCRIBER
Case: 11-16751
07/05/2012
ID: 8239012
DktEntry: 34-2
Page: 45 of 119 (55 of 129)
EXHIBIT H
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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RIGHTHAVEN LLC, a Nevada limitedliability company, Plaintiff, v. WAYNE HOEHN, an individual, Defendant.
*** ) ) ) ) ) ) ) ) ) ) ) )
2:11-CV-00050-PMP-RJJ ORDER TRANSFERRING INTELLECTUAL PROPERTY TO RECEIVER LARA PEARSON
ORDER Pursuant to this Courts Oral Order during the March 5, 2012 hearing on Defendant Wayne Hoehns (Hoehn[s]) Motion for Writ of Body Attachment (Doc. # 68), this Court hereby orders the transfer of all of Righthavens intellectual property and intangible property to the Receiver appointed in this case, Lara Pearson (the Receiver), in order to give effect to this Courts December 12, 2011 Order requiring Righthaven to transfer its intellectual property to the Receiver for auction. (Docs. # 62, 66.) On June 20, 2011, this Court dismissed Righthavens copyright infringement action against Hoehn. (Doc. # 28.) Following the Courts dismissal of Righthavens case, Hoehn was awarded attorneys fees and costs in the amount of $34,045.50. (Doc. # 43.) Righthaven appealed this decision to the Ninth Circuit Court of Appeals. (Doc. # 45.) However, Righthaven refused to post a supersedeas bond for $34,045.50 as required by
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Fed. R. Civ. P. 62(d) in order to stay Hoehns enforcement of his judgment. (Doc. # 56.) Righthavens requests for relief before this Court, as well as its two emergency motions before the Ninth Circuit Court of Appeals seeking relief from Hoehns enforcement efforts, were denied. (Docs. # 56, 57, 78.) In connection with the Defendants judgment enforcement efforts, the Court appointed the Receiver to, among other things, seize the copyrights assigned to Righthaven by various entities (the Copyrights), as well as its trademarks and other intangible property, so that they could be sold at auction. (Doc. # 62, 66.) Despite the Receivers efforts, Righthaven has not transferred its intellectual property. (Docs. # 70, 81, 82.) The only property that the Receiver has been able to obtain and auction is Righthavens former domain name, <righthaven.com>, which was sold for more than $3,000 in a commercially reasonable auction (Docs. # 81, 82). Based on the evidence submitted to the court by the Receiver (Docs. # 70, 82), Righthaven has failed to substantively participate in the orderly disposition and sale of its intangible assets as ordered on December 12, 2011. (Doc. # 66.) Moreover, Righthaven failed to appear at the originally scheduled January 5, 2012 debtor examination in this case, (Doc. # 71), and failed to appear at the March 5, 2012 hearing giving rise to this Order. (Doc. # 88.) In light of Righthavens lack of participation in these proceedings, and Hoehns entitlement to relief (Docs. # 62, 66), this Court concludes it is appropriate to transfer such rights as Righthaven may still hold in Righthavens intellectual property to the Receiver, Lara Pearson. The Court deems Righthavens conduct in this case to constitute its consent to this Order. With respect to Righthavens copyrights, the Court is empowered to accord this relief under 17 U.S.C. 201(d)(1), which provides in relevant part that: The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law (emphasis added).
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This Court acknowledges that there is a dispute over what intellectual property rights Righthaven actually possesses. Nonetheless, the Court may use its powers under 17 U.S.C. 201(d)(1) to transfer Righthavens copyright rights, whatever they are deemed to be, to the Receiver for auction pursuant to the Courts December 12, 2011 order (Doc. # 66). While Righthaven has argued now that it does not have more than the bare right to sue, as this Court previously held, Righthaven does possess copyright registrations that can be assigned by operation of law. The copyright registrations to more than 275 works are in Righthavens name, can be transferred by this Court, and can then be auctioned by the Receiver. By operation of law as contemplated in 17 U.S.C. 201(d)(1), this Court orders the transfer of any and all rights held by Righthaven LLC in each and every of the 278 works Righthaven LLC has registered with the U.S. Copyright Office as specified below, to the Receiver, Lara Pearson, in her capacity as receiver: Any and all rights held by Righthaven LLC in the work titled $1 million wager on game approved, bearing the Registration Number TX0007138813 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled $180,000 In Benefits: Veteran admits defrauding VA. Las Vegas man pleads guilty to theft, unlawful wearing of Purple Heart, bearing the Registration Number TX0007313237 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled $4.7 million will make local center better click, bearing the Registration Number TX0007139268 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled 49ers Both of these teams are coming off 11-14-10, bearing the Registration Number TX0007422979 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled AC/DC concerts still explosive, bearing the Registration Number TX0007145865 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled ACORN misconduct trial stalls yet again, probably well into 2011, bearing the Registration Number TX0007324693 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Acrylic furnishings bring functional art into the home, bearing the Registration Number TX0007324345 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Affidavit alleges detective bought marijuana from man officer killed, bearing the Registration Number TX0007319741 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Affidavit errors raise questions. 21-year-old killed in raid did not have long arrest record, bearing the Registration Number TX0007319967 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled After the
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collectivist Winter will come the Spring, bearing the Registration Number TX0007189413 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Agency: Beware of Net gaming. Control board warns licensees to stay away from sites taking bets, bearing the Registration Number TX0007178016 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Agency seeks damages from failed banks officials, bearing the Registration Number TX0007139250 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all Rights held by Righthaven LLC in the work titled Agent cracks Hells Angels - Undercover officer one of few to get into biker gang, bearing the Registration Number TX0007169383 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Alford fights Mountain West curse, bearing the Registration Number TX0007122482 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Allegiant workers seek union vote, bearing the Registration Number TX0007324618 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Alls fair in Super Bowl prop bets, bearing the Registration Number TX0007095269 in the U.S. Copyright
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Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled AM Talk Station Expands to FM Band, bearing the Registration Number TX0007313245 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Analysis Thank Ohio University for this play 11-17-10, bearing the Registration Number TX0007433570 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Angle: Reids clout misguided. Challenger describes what junior senators can do, bearing the Registration Number TX0007313162 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Aria unveils high-limit poker room named for champion player Phil Ivey, bearing the Registration Number TX0007274322 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled As the wind blows., bearing the Registration Number TX0007313101 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Ashjian admits he was registered Republican when he filed Tea Party candidacy, bearing the Registration Number TX0007161075 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Ask the tyrants why theyre opposed, bearing the Registration Number TX0007190324 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Attitudes toward foreclosure changing, bearing the Registration Number TX0007159682 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Avoiding the Issues, bearing the Registration Number TX0007173599 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all Rights held by Righthaven LLC in the work titled BEARS Yep, one week after cashing in big r1-16-11, bearing the Registration Number TX0007379961 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Berettas Xplor shotgun a work of art, bearing the Registration Number TX0007328061 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Beyond the Fame., bearing the Registration Number TX0007125680 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Bill would exempt Nevada from presidential authority, bearing the Registration Number TX0007258348 in the
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U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Bill would help regulators better enforce safety rules, bearing the Registration Number TX0007145877 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Billionaire John Paulson now second-largest MGM Mirage shareholder, bearing the Registration Number TX0007161068 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Board may work to curb deals, bearing the Registration Number TX0007145870 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Books waffle on Tiger, like the rest of us, bearing the Registration Number TX0007161313 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Boyd joins opposition to Stations reorganization plans, bearing the Registration Number TX0007161064 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Brothel to get the bucks, bearing the Registration Number TX0007124597 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Browns Damn right Im backing Cleveland 11-14-10, bearing the Registration Number TX0007422962 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Business groups set to greet president, bearing the Registration Number TX0007272548 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled BYU playing in the New Mexico Bowl isnt exactly exciting for Cougar fans. 12-18-10, bearing the Registration Number TX0007378610 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Casino bandits feat may chip away at gamblers secrecy, bearing the Registration Number TX0007324665 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Casinos prep to pounce, bearing the Registration Number TX0007174431 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Casinos report first double-digit increase since July 2007, bearing the Registration Number TX0007161082 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Chamber president
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Crosson dies at 61, bearing the Registration Number TX0007381120 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Change sought for concealed weapons permits, bearing the Registration Number TX0007321249 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Charges possible in shooting, bearing the Registration Number TX0007250658 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Charlotte zings Reid from beyond the grave, bearing the Registration Number TX0007313248 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Citing cooperation in trial, judge gives man probation in tax case, bearing the Registration Number TX0007190931 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled CityCenter says it has cut amount of mechanics liens, bearing the Registration Number TX0007324351 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Commissioners grant special use permit, variance for Spring Valley wind farm, bearing the Registration Number TX0007125687 in the U.S. Copyright Office, are assigned in full to Lara Pearson,
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as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Comparing, contrasting Southern Nevada train proposals --Getting from here to California depends on many factors, bearing the Registration Number TX0007321228 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Conservatives already getting nasty in drive to unseat Reid, bearing the Registration Number TX0007151827 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Continuing health care nightmare. Repeal of ObamaCare cant come fast enough, bearing the Registration Number TX0007321409 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Cooling technique improves odds of survival in cardiac arrests, bearing the Registration Number TX0007310734 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Court reprimands lawyer over misleading ads., bearing the Registration Number TX0007162783 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Criticized by White, Koscheck fires back, bearing the Registration Number TX0007177958 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Crooks watch social networks, so protect yourself, bearing the Registration Number TX0007159676 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Dealer calls golfer one loose cannon, bearing the Registration Number TX0007324653 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Debt thick, goodbye nic, bearing the Registration Number TX0007138056 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Demanding horse owners keep heat on trainers, bearing the Registration Number TX0007139356 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Dion plans extraordinary song mix, bearing the Registration Number TX0007272503 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Dipak Desai files bankruptcy, bearing the Registration Number TX0007138906 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Do You Feel The Need... Shelby soups up muscle cars at speed shop, bearing the Registration Number
12
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TX0007321257 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Dont upset the unions --or else, bearing the Registration Number TX0007272492 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Driver arraigned in double fatality, bearing the Registration Number TX0007156393 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Duel: Perpetually dissatisfied characters fill adaption of Chekhov novella, bearing the Registration Number TX0007324364 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Eagles conjure past, present, bearing the Registration Number TX0007156387 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Earth hour, bearing the Registration Number TX0007145882 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Eating their own, bearing the Registration Number TX0007171964 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Ebony Amateurs Vegas Edition #10, bearing the Registration Number PA0001706589 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Ebony Princess #3, bearing the Registration Number PA0001706644 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Economic worries taking toll in recent deaths. Victiums families blame financial stress, bearing the Registration Number TX0007321069 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Employers may face higher penalties. Federal, state fines aimed at strengthening saftey efforts., bearing the Registration Number TX0007319928 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Empty offices dot landscape in Las Vegas, bearing the Registration Number TX0007171974 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Engineer called a hero, bearing the Registration Number TX0007381142 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Ensign pays staff legal bills in ethics probe, bearing the Registration Number TX0007324329 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Eve, The Nightclub, at CityCenter inspired by actress Eva Longoria Parker, bearing the Registration Number TX0007153919 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Ex-manager sues entertainer, claiming coercion, bearing the Registration Number TX0007153190 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Exxon Valdez oil risks spur warning for gulf cleanup crews, bearing the Registration Number TX0007171971 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Faith makes fruits, vegetables sprout on five acres, bearing the Registration Number TX0007319976 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Finding winners among penny stocks can be tricky, bearing the Registration Number TX0007392782 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Florida woman suing over Monte Carlo fire, bearing the Registration Number TX0007125673 in the U.S.
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Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled For many in Nevada, dial-up is the only way to go, bearing the Registration Number TX0007324682 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Former girlfriend of convicted skinhead still on mind of FBI, bearing the Registration Number TX0007324356 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Former mayor lends name to new Rons Steakhouse, bearing the Registration Number TX0007392776 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Four accused of extorting money from kiosk operators, bearing the Registration Number TX0007171961 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Free-fallin Longhorns not worth backing, bearing the Registration Number TX0007161309 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Free speech defense used in Stolen Valor case, bearing the Registration Number TX0007258345 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled FXs manly man shows hold outsider appeal., bearing the Registration Number TX0007321237 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Good comes from worlds colliding, bearing the Registration Number TX0007164434 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Goodell could be bad guy to books, bearing the Registration Number TX0007392720 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Governor open to reducing minings tax deductions., bearing the Registration Number TX0007174434 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Grand opening at Red Rock visitors center set for today., bearing the Registration Number TX0007272499 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Green jobs., bearing the Registration Number TX0007326946 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Grief-stricken receive emotional first aid, bearing the Registration Number TX0007272513 in the U.S.
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Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Group changes stance on Net bets, bearing the Registration Number TX0007145876 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Halt sought to mining petition, bearing the Registration Number TX0007174429 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Harrahs cuts $1 billion., bearing the Registration Number TX0007153205 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Harrahs Planet of possibilities, bearing the Registration Number TX0007138915 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hate list of directors who act, bearing the Registration Number TX0007324688 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hawks 11-10-10., bearing the Registration Number TX0007420818 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Head of Asian American Group gets politicians attention, bearing the Registration Number TX0007313196 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Heat superteam ignites action in sports books, bearing the Registration Number TX0007321196 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Heller targets national monument designations, bearing the Registration Number TX0007139262 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hey, stop texting and focus! Unplugging may yield peace, bearing the Registration Number TX0007324348 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled High-profile drug case prosecutor Schubert arrested on cocaine charge., bearing the Registration Number TX0007398415 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Home sales finish strong in 09. Transactions rise 37 percent in December; inventory falls below 20,000., bearing the Registration Number TX0007120555 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Home sales
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improve in April, bearing the Registration Number TX0007159473 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hoover Dam bypass traffic faces bottleneck along U.S. Highway 93., bearing the Registration Number TX0007321407 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hospital singer strikes chord with patients feeling down., bearing the Registration Number TX0007381140 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Housing-help agency now seeks workers, bearing the Registration Number TX0007178035 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled How can Hispanics be Republican? GOP blocking immigration reform, senator tells Latinos, bearing the Registration Number TX0007321064 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hundreds of pot charges filed in 2009, bearing the Registration Number TX0007161250 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Hunting conventions on deck this winter, bearing the Registration Number TX0007125675 in the
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U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Idol finalists keep busy in Las Vegas, bearing the Registration Number TX0007159695 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled In lawsuit, Drudge accused of using illustration illegally, bearing the Registration Number TX0007324671 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Incompetence catches Obama. Cant fake leadership, bearing the Registration Number TX0007319987 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Incredible, vanishing greenback, bearing the Registration Number TX0007272529 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Indictments in hepatitis case sought, bearing the Registration Number TX0007313181 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled IRS targets strip clubs, taxis over bonuses, bearing the Registration Number TX0007145863 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Isle of Capri could run casinos, bearing the Registration Number TX0007125681 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Its not your dads Cosa Nostra in Las Vegas anymore, bearing the Registration Number TX0007177938 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Its the jobs stupid, bearing the Registration Number TX0007321058 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Jabbawockeez dance troupe still cresting as show celebrates opening today, bearing the Registration Number TX0007324674 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled John L. Smith: Ensigns troubles grow while Nevada Republicans stay quiet, bearing the Registration Number TX0007120565 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Judge denies bail to suspects in two deaths, bearing the Registration Number TX0007138900 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Judge refuses to lower bail for former police officer., bearing the Registration Number TX0007398505 in
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the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled July deadline set for appeals in Yucca decision, bearing the Registration Number TX0007182396 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Korn tunes unique in metal canon, bearing the Registration Number TX0007173601 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all Rights held by Righthaven LLC in the work titled Kowalski seeks rematch while broken arm heals, bearing the Registration Number TX0007139272 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Kyle Busch backers feel right at home, bearing the Registration Number TX0007392705 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lake Las Vegas to leave bankruptcy in two months, official says, bearing the Registration Number TX0007159691 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Las Vegas home builder indicted in mortgage., bearing the Registration Number TX0007324335 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Las Vegas home sales exceed foreclosures, bearing the Registration Number TX0007139264 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Las Vegas returns to PBS pledge-drive spotlight, bearing the Registration Number TX0007321243 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Las Vegas will host Libertarian convention, bearing the Registration Number TX0007324375 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lawyer fights for his license in legal practice quagmire, bearing the Registration Number TX0007178006 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lawyer presses for delay in trial of nurses connected to hepatitis C outbreak, bearing the Registration Number TX0007392758 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Laying off workers still would cost taxpayers, bearing the Registration Number TX0007138060 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Leading like a deer in headlights, bearing the Registration Number TX0007392745 in the U.S. Copyright
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Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Legislators to vet plan to cite uninsured drivers, bearing the Registration Number TX0007272518 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Letter to the Tea Partyers, bearing the Registration Number TX0007324724 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lie face-down and let yourself be cuffed?, bearing the Registration Number TX0007285815 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lil performers see action in Las Vegas., bearing the Registration Number TX0007324371 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lines drawn over pot use., bearing the Registration Number TX0007161247 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lineup gamble propels Green Valley to victory, bearing the Registration Number TX0007324392 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Longing for Britains mess, bearing the Registration Number TX0007159686 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Longtime voice of UNLV among six-member class, bearing the Registration Number TX0007171970 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Loony Rooney off base on gaming, bearing the Registration Number TX0007170332 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lowden leads GOP pack, bearing the Registration Number TX0007151835 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Lowden leads Republican pack, bearing the Registration Number TX0007272480 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled LV lawyers leave their mark on The Defenders, bearing the Registration Number TX0007321198 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled LV officer at Costco recorded in 911call. Officials says police shout at victim: Get on the ground,
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bearing the Registration Number TX0007313208 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled LV workers earn more than before recession, data show, bearing the Registration Number TX0007182393 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Man faces choice: Admit guilt in boys death or lose parental rights, bearing the Registration Number TX0007392778 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Man killed by police in Costco shooting remembered at memorial. Erik Scotts family, friends also express anger over shooting by police, bearing the Registration Number TX0007320275 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Man who killed wife sought ultimate sentence., bearing the Registration Number TX0007182385 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled March to book begins., bearing the Registration Number TX0007120559 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Marijuana as medicine, bearing the Registration Number TX0007095275 in the U.S. Copyright Office,
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are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Massage parlor loses license after prostitution arrests, bearing the Registration Number TX0007313123 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Mattress embodies comfort. Sealy simplifies language to make purchase decision easier., bearing the Registration Number TX0007313262 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Mayors remarks stir backlash, bearing the Registration Number TX0007138831 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled MGM Mirage asks shareholders to allow name change, bearing the Registration Number TX0007161065 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Millennium Scholarship fund short $4.2 million for 2011, treasurer says, bearing the Registration Number TX0007161077 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Misdemeanor violations leading to deportations, bearing the Registration Number TX0007181503 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven
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LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Mosley at peace as battle nears, bearing the Registration Number TX0007161066 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Mountain West Mens Tournament capsules, bearing the Registration Number TX0007161317 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled National monuments memo cited, bearing the Registration Number TX0007130503 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Nevada books win 8 percent as handle rises, bearing the Registration Number TX0007138807 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Nevada Conservatory Theater suffers loss from theft, bearing the Registration Number TX0007171981 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Nevada homeowners could get help from federal funding, bearing the Registration Number TX0007173605 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Nevadans agree
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with court on gun ownership, bearing the Registration Number TX0007319983 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Newspaper endorsement an educated decision, not a science, bearing the Registration Number TX0007324427 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled NLV Fire Department seeks more ambulance duties to save jobs, bearing the Registration Number TX0007138058 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled No more birds die overnight from Friday fire at sanctuary, bearing the Registration Number TX0007145878 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled No new taxes, even on the wages of sin, bearing the Registration Number TX0007258350 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled NORM: Real World back in Las Vegas, bearing the Registration Number TX0007321401 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Now the real battle begins, bearing the Registration Number TX0007181515 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC
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retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled NV Energys plan for future power gets early approval. Official notes areas of concern for smart-meter system, bearing the Registration Number TX0007191914 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Obamas visit just bounced off Reid, bearing the Registration Number TX0007272508 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Oddsmakers wary of siding with favored Mountain West teams, bearing the Registration Number TX0007258359 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Oh, brother: Wildcats cruise, bearing the Registration Number TX0007258351 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled On the Hunter, bearing the Registration Number TX0007258354 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled OREGON Lets go over some undisputed facts. 01-10-11, bearing the Registration Number TX0007379964 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Over the total Michigan is going to score points 11-13-10, bearing the Registration Number TX0007417815 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Owners Get Approval for Moulin Rouge demolition. Preservation panels OKs demolition over opponents objections, bearing the Registration Number TX0007324321 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Paterno loses his glasses, bearing the Registration Number TX0007326977 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Pawn Power. Popular reality show makes local shop a tourist hot spot, bearing the Registration Number TX0007319838 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Penniless California ponders Internet poker, bearing the Registration Number TX0007326952 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Perfect 10/10/10: Pastor expects one of the busiest wedding days of the year. Triple-repeating date offers third to last chance for couples, bearing the Registration Number TX0007324358 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Plea deal for priest accused of theft confounds, confuses, bearing the Registration Number TX0007324398 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Police detective who shot, killed man IDd. Man made a furtive movement, LV authorities say, bearing the Registration Number TX0007182380 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Possible loan from China bank keeps high-speed rail plan alive, bearing the Registration Number TX0007138063 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Power from the waste up. NV Energy plant repurposes heat from natural-gas compression to yield energy, bearing the Registration Number TX0007190960 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Prehistoric rock art marred. Graffiti sprayed on three panels, one with petroglyph, bearing the Registration Number TX0007324382 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled President: were moving forward, bearing the Registration Number TX0007310719 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Principal and another school employee face drug charges, bearing the Registration Number TX0007319896 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Process servers office manager sought in false affidavits case, bearing the Registration Number TX0007319754 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Program may level housing sale odds, bearing the Registration Number TX0007151822 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Protesters against transgendered, gay discrimination block Strip, bearing the Registration Number TX0007313112 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Public employee pensions; We cant afford them, bearing the Registration Number TX0007324377 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Pulver again hints at retirement after loss, bearing the Registration Number TX0007157071 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Radical commitment means closing all escape hatches, bearing the Registration Number
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TX0007455345 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled RAVENS 80-116. You know what that is? 01-09-11, bearing the Registration Number TX0007379967 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Ravens If you havent heard it by now 11-11-10, bearing the Registration Number TX0007422949 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Ravens These two very good teams meet 11-11-10., bearing the Registration Number TX0007420832 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Rebels aim to fatten up on patsies, including Colorado State, bearing the Registration Number TX0007138068 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Reid addresses Hispanic issues, bearing the Registration Number TX0007258358 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Reid criticizes GOP for delaying nominees for intelligence posts, bearing the Registration Number TX0007138830 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Reid machine dwarfs Angle, bearing the Registration Number TX0007181485 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Reid takes no stand on Arizona lawsuit, bearing the Registration Number TX0007310721 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Reid touts third clean energy summit, bearing the Registration Number TX0007313109 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Righthaven Philosophy, bearing the Registration Number TX0007324368 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Rockets 11-10-10., bearing the Registration Number TX0007420824 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled ROCKETS (plus the points and money-line) 7-0 Thats the Rockets record 01-21-11, bearing the Registration Number TX0007379969 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Rumor: Wynn
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secures producer for nuptials., bearing the Registration Number TX0007392749 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Sales down but not as much, bearing the Registration Number TX0007139274 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Sarah Palin may happen in Vegas, bearing the Registration Number TX0007145881 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Saxe adds theater at Miracle Mile Shops, bearing the Registration Number TX0007272489 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Sharp money avoids Saints., bearing the Registration Number TX0007138825 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Sharps, Aztecs no match for Uconn star Walker., bearing the Registration Number TX0007392729 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Shelters smiles are few., bearing the Registration Number TX0007381133 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC
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retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Shuttered since 2006, Lady Luck showing new life in downtown. LV Planning Commission to discuss proposal, bearing the Registration Number TX0007310720 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Shutting down the Ritz., bearing the Registration Number TX0007138816 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Silver State Credit Union to close branches., bearing the Registration Number TX0007182398 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Slain store clerk, 77, mourned., bearing the Registration Number TX0007168815 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Slaying of Army veteran shocks friends. Man shot by police was West Point grad., bearing the Registration Number TX0007319858 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Smart team, talent add up to smart play, bearing the Registration Number TX0007161330 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Soda pop tax, bearing the Registration Number TX0007272439 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Somehow, patting down disabled, elderly improves security, bearing the Registration Number TX0007324389 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Somers Furniture fills backyards with color, bearing the Registration Number TX0007164458 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Southwest Airlines hustles to reduce turnaround times, bearing the Registration Number TX0007324703 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Square foot gardening makes growing veggies easier, bearing the Registration Number TX0007321206 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Standford Cardinal, bearing the Registration Number TX0007422957 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled State of the State address: Gibbons to draw bottom line. Speech will suggest how to cut spending $881.4
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million, bearing the Registration Number TX0007122473 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Suns Absolutely ridiculous pointspread 11-17-10, bearing the Registration Number TX0007422954 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Super Bowl bettors put faith, cash in Colts corner, bearing the Registration Number TX0007138064 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Survey says show prices down, bearing the Registration Number TX0007145873 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Survivor star has new table game in play., bearing the Registration Number TX0007392740 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Tarkanian ad smacks Reid on immigration reform bailout. GOP hopefuls talking tough on issue as primary nears., bearing the Registration Number TX0007178721 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Tea Party power fuels Angle., bearing the Registration Number TX0007171977 in the U.S. Copyright
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Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Telcom groups run out of cash, bearing the Registration Number TX0007177994 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Temple How can a team 11-16-10, bearing the Registration Number TX0007422956 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled TENNESSEE How do you lay points 01-05-11, bearing the Registration Number TX0007379960 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Thinking -- it only hurts a little, bearing the Registration Number TX0007324354 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Timberlake takes hands-on stance in annual event, bearing the Registration Number TX0007324439 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled To insult idiots, call them politicians, bearing the Registration Number TX0007324361 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Tonights top play 01-15-11, bearing the Registration Number TX0007379963 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled TROY TROJANS (be sure to buy the 1/2 point) --- Saturdays rather boring slate of football bowl games concludes this evening with the best value on the board. 12-18-10, bearing the Registration Number TX0007378593 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled TSA Agent performs enhanced pat-downs, bearing the Registration Number VA0001751279 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled TSAs mini Watch List, bearing the Registration Number TX0007173597 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Underdog bettors profit as Manning takes fall, bearing the Registration Number TX0007125685 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Unfazed by numbers, analyst forecasts fewer foreclosures, bearing the Registration Number TX0007164454 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled UNLV football
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aide accused in gun, wallet theft, bearing the Registration Number TX0007181472 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Unruly celebrities get zero tolerance, bearing the Registration Number TX0007321242 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled UTAH The pointspread took a big plunge on Tuesday 12-22-10, bearing the Registration Number TX0007379958 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Utility argues for digital meters, bearing the Registration Number TX0007161063 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Vdara death-ray, bearing the Registration Number VA0001750189 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Vdara visitor says death ray scorched hair. Chicago lawyer says bag also melted, bearing the Registration Number TX0007321246 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Vegas Gets Its Dew, bearing the Registration Number TX0007324395 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC
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retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Vegas stints can help, haunt, bearing the Registration Number TX0007313230 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Veteran of war with the truth, bearing the Registration Number TX0007324418 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Veteran shares message of resilience, bearing the Registration Number TX0007392755 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Walgreens to add booze to local wares. Analyst doubts decision will affect rivals., bearing the Registration Number TX0007190973 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Wall, Wildcats live up to star billing, bearing the Registration Number TX0007328953 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Warden, other employees resign from prison in escape fallout, bearing the Registration Number TX0007319845 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Washington will
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take care of you, bearing the Registration Number TX0007168835 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Water report called alarmist, bearing the Registration Number TX0007381117 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Water Wars, bearing the Registration Number TX0007138066 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Weather for the birds, bearing the Registration Number TX0007381139 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Week in Review: Top News, bearing the Registration Number TX0007324363 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Welcome back, Mr. President. Your economic policies suck, bearing the Registration Number TX0007182390 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled While fun to root for, Cinderellas not always smart bets, bearing the Registration Number TX0007161338 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven
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LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Wifes health eases tension on Guerrero, bearing the Registration Number TX0007392751 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Willis high output nets lofty praise., bearing the Registration Number TX0007130511 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Wind power projects impact on bats studied. Plan to place windmill installation near migratory path scrutinized, bearing the Registration Number TX0007313218 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Wise wagerers quickly back Colts, bearing the Registration Number TX0007122476 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled Women loses lawsuit, seeks better infection control in hospitals, bearing the Registration Number TX0007162784 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. Any and all rights held by Righthaven LLC in the work titled XXXChurch.com strives to demonstrate Jesus love overcomes any stigma, bearing the Registration Number TX0007190316 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work.
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Any and all rights held by Righthaven LLC in the work titled Yuccas nuclear fallout., bearing the Registration Number TX0007310695 in the U.S. Copyright Office, are assigned in full to Lara Pearson, as Receiver for Righthaven LLC, with Righthaven LLC retaining no rights in that work. The Court requests that the U.S. Copyright Office acknowledge this assignment under 17 U.S.C. 201(d)(1) by, upon request by any purchaser of the rights at auction, recording the assignment of the copyright registration for the above work(s) from Righthaven LLC to the purchaser at auction. The remedies prescribed above shall be effective upon the Court signing this Order and entering it on the docket in this case. IT IS SO ORDERED. DATED: March 13, 2012
_______________________________ PHILIP M. PRO United States District Judge
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Case: 11-16751
07/05/2012
ID: 8239012
DktEntry: 34-2
Page: 93 of 119 (103 of 129)
EXHIBIT I
Case: 11-16751 07/05/2012 ID: 8239012 92DktEntry: 34-2 Page: 94 of 8 (104 of 129) Case 2:11-cv-00050-PMP -RJJ Document Filed 06/25/12 Page 1 of 119
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Lara Pearson (Nev. Bar No. 7132) Lara@Rimonlaw.com Rimon, PC PMB 405, 774 Mays Blvd. # 10 Incline Village, NV 89451 tel.: 775-833-1600 fax: 888-842-4492 www.Rimonlaw.com Receiver for Righthaven LLC
9 10 11 12 13 14 15 16 I, Lara Pearson, court-appointed Receiver for Righthaven LLC (Righthaven, or the plaintiff), 17 18 19 20 21 22 23 24 25 26 27 28 -1CEO of Righthaven retained new counsel for the companys pending appeals with neither notice to or approval from me as Receiver. (See Exhibit A, a true and correct copy of Eric Syversons notice of appearance in Righthaven LLC v. Hoehn, Case No. 11-16751 (9th Cir. 2012)) Instead of satisfying Righthavens substantial judgments, Gibson apparently has elected to allocate make the following statements based on personal knowledge in order to apprise the Court of recent events and seek ratification of certain actions: 1. Believed to be operationally defunct, Righthaven recently engaged in activities vs. WAYNE HOEHN, an individual, Defendant. RECEIVERS REPORT TO COURT RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, Case No. 2:11-cv-00050 RECEIVERS REPORT TO COURT
that directly contradict my powers as receiver. Specifically, Steven A. Gibson, the now-former
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Righthaven funds that have been concealed from me1 to pursue appeals over rights that Righthaven no longer owns (Doc. # 90), and has done so in a manner that further imperils what is left of Righthavens assets with additional attorneys fees awards and sanctions. 2. Up until this point, it has been my understanding that both Steven Gibson and
Raisha Y. Drizzle Gibson ceased reporting to work, ceased functions as CEO and COO of the company, and were undertaking no further actions on its behalf. 3. As of June 25, 2012, I have formally notified Steven Gibson and Raisha Y.
Drizzle Gibson that they are terminated from any position with Righthaven, and that they are to immediately cease and desist from representing themselves as having any position of responsibility with the company. I have further ordered Righthavens new counsel, Miller Barondess LLP, to cease all work on the file and to notify me of any Righthaven funds in their trust account so that I may order any such fund transferred to me for disbursement. True and correct copies of these letters are attached as Exhibits B, C and D, respectively. 4. Righthaven appears to have retained this counsel and taken any action only in this
appeal against Mr. Hoehn, Case No. 11-16751. To the best of my knowledge, Righthaven has not retained Mr. Syverson or Miller Bardoness in its second concurrently pending appeal, Case No. 11-16995, nor in its other pending Ninth Circuit appeals, Righthaven v. DiBiase, Case No. 11-16776, and Righthaven v. Center for Intercultural Organizing, Case No. 11-16358. As such, Even if Mr. Syverson and his firm, Miller Barondess LLP, volunteered themselves for the Hoehn case pro bono, it is my sincere professional judgment that the appeals progression represents a material risk to the Righthaven receivership estate. In order for the appeals to have any positive effect, they must succeed on both fair use and standing to prevail on appeal, and if they do not, then Righthaven will incur even more debt in the form of Hoehns attorneys fees on appeal. This court found, and the Ninth Circuit has twice held, that Righthaven does not enjoy a likelihood of success on appeal. (Docs. # 56, 57, 78) Every court that has examined Righthavens district court litigation has come to the same conclusion: It cannot sustain its infringement lawsuits. It is for this reason that I have also ordered that the appeals be terminated immediately, so as to stem additional losses to the Receivership estate. -21
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Righthavens activity does not appear to be part of any legitimate business activity pursuing its legal rights. 5. While my powers as receiver entitle me to act on behalf of Righthaven and
terminate its executives, retain and discharge outside professionals, and repudiate its contracts under NRS Chapter 32, NRS 78.635 and 640, I submit this Notice to inform the court of the significant actions Mr. Gibson has taken without notifying or otherwise communicating with me. I also request that the court affirm my actions formally terminating Righthavens former officers along with its newly retained counsel as such actions are in the best interest of the company. BACKGROUND OF THE DISPUTE 6. On November 14, 2011, counsel for defendant Wayne Hoehn (Hoehn) moved
this court to (a) appoint me as the receiver for Righthaven LLC (Righthaven) pursuant to NRS 32.010, and (b) order Righthaven to assign its intellectual property to me for auction. (Doc. # 62 at 4-5) 7. Righthaven did not oppose this motion (Doc. # 64). On December 12, the Court
granted Hoehns motion and appointed me as Receiver for Righthaven (Doc. # 66). 8. Shortly after my appointment as Receiver, Righthavens counsel of record ceased
participating in the case, failing to communicate with me and, apparently, Hoehns counsel and the Court as well (Doc. # 82). To the best of my knowledge, Attorney Mangano has not withdrawn from representation of Righthaven and remains counsel of record in this case.
23 24 25 26 27 28 -39. While Righthaven resisted the Courts order to transfer its intellectual property
rights, if any, to me (Docs. # 70, 82) a necessary exercise to make transfer of its intellectual property effective, as explained in Hoehns motion for transfer of Righthavens intellectual
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property (Doc. # 62) the Court ultimately transferred Righthavens copyrights to me sua sponte in March 2012 (Doc. # 90). 10. Since becoming the sole guardian of Righthavens intellectual property, I have
worked diligently to dispose of such property in a manner that is in the companys best interest to satisfy its judgment debts. As Righthaven is no longer filing new lawsuits, and both this Court and the Ninth Circuit have proclaimed the plaintiff to have little likelihood of success on appeal, I have determined that the best interests of the receivership estate lie in settling the claims for the hundreds of thousands of dollars of judgments entered against it in this case. 11. Moreover, as Righthaven no longer owns any of the copyright rights it originally
sued Hoehn and others for infringing, it no longer possesses standing to pursue its claims before the Ninth Circuit Court of Appeals or any other Court. (Doc. # 90) This further affirms my view that the receivership estates best interests at this point are served by making the estate as productive as possible for its many creditors, and by terminating the existing appeals. THE PRESENT DISPUTE 12. On or around April 16, 2012, Hoehns counsel asked me about Righthavens
retention of Miller Barondess LLP and one of its partners, Eric Syverson, as counsel of record in one of its appeals, Righthaven v. Hoehn, Case No. 11-6751. (See Exhibit A). This was the first time I was made aware that anyone aside from me was taking action in Righthavens name. 13. Syverson then filed a motion for extension of time to file excerpts of the record in
23 24 25 26 27 28 -4that case, correcting an error previously made by Righthavens counsel in that matter. A true and correct copy of this motion including a declaration by Righthavens former CEO Steven Gibson in its support is attached hereto as Exhibit E.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2011.
14.
Prior to Hoehns counsel informing me of this development, I was unaware that
Steven Gibson was seeking outside counsel for Righthaven, taking any actions on the companys behalf, committing any funds for its activities, or entering into any contracts for its operations. To the contrary, my belief was that Mr. Gibson ceased working for Righthaven in Septeberm
15.
Righthaven has expended further resources engaging Miller Barondess and
Attorney Syverson to draft a 30-page reply brief approximately six months after it was due and submitting it to the Court of Appeals with a motion for leave for late filing of the brief. A true and correct copy of this motion and accompanying brief is attached hereto as Exhibit F. 16. Once again, I was unaware of Mr. Gibsons actions; these expenditures and
actions on behalf of Righthaven are not authorized, and were made presumably intentionally on Mr. Gibsons part without my knowledge or permission as receiver for the company. 17. Mr. Gibson has never contact me since the time of my appointment. He certainly
has not explained to me why he retained new counsel for this appeal without my knowledge, much less authorization, and in doing so exposed Righthaven to additional risk in the form of attorney fee liability, while ostensibly committing Righthavens funds to a use other than satisfaction of its many judgments. THE REMEDIAL ACTIONS 18. Nevada Revised Statutes 32.010 allows the receiver to be appointed and act to
23 24 25 26 27 28 -5effect a judgment and commence proceedings in aid of execution, and act as in all other cases where receivers have heretofore been appointed by the usages of the courts of equity. 19. Receivers have broad, almost limitless equitable powers. As illustrative
examples, NRS 78.635 and 78.640 provide broad powers to court-appointed receivers, and under
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NRS 78.635, a receiver has the ability to demand, sue for, collect, receive and take into possession all of the chattel, rights, money, and property of the company in receivership. 20. Additionally, NRS 78.640 empowers the receiver to step into the shoes of the
company in receivership, with all of its franchises, rights, privileges and effects vesting in the receiver and being divested from the company. 21. I have exercised my powers as receiver to terminate and renounce contracts held
and made by the insolvent company. Jones v. Free, 83 Nev. 31, 38 (Nev. 1967). We think we may take judicial knowledge of the fate of contracts made by an insolvent [] company which passes into the hands of a receiver and are not assumed by him. Such contracts are practically ended. Kan. City S. R. Co. v. Lusk, 224 F. 704, 706 (8th Cir. 1915); see Peabody Coal Co. v. Nixon, 226 F. 20, 22-23 (8th Cir. 1915). 22. Although I considered Righthavens agreements and relationships with Steven A.
Gibson and Raisha Y. Gibson to have terminated long before my Receivership began, and certainly upon the date that I was appointed as Receiver for the company. Consistent with my authority, I served formal written termination notices on Mr. and Mrs. Gibson today informing them of this fact. (Exhibits B and C) While I could have taken this action sooner in the receivership process, there did not appear to be any need to do so, as to my knowledge Mr. Gibson was no longer acting on behalf of Righthaven, and as he is an attorney, I presumed that he would know that he has no right to take such actions while a Receiver is in charge of
23 24 25 26 27 28 -6Righthaven. Now, he is explicitly barred from taking such ultra vires acts, or attempting to do so through his spouse. 23. It is my intention to further exercise my powers as Receiver to explore recovery
of some of Righthavens losses from Steven Gibson, Raisha Gibson, and perhaps from Shawn
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Mangano in malpractice or other actions. I have not yet retained counsel to do so, but I am in the process of reviewing attorneys who may be retained for this purpose on a contingent fee basis. 24. Similarly, I exercised my authority to repudiate the contract Righthaven entered
into with Miller Barondess and Attorney Syverson, ordering the Mr. Syverson and his firm to cease all work on Righthavens appeals and provide an accounting of Righthavens trust funds to the receivership estate. (Exhibit D)
CONCLUSION 25. 26. I request that the Court take notice of and ratify my actions, detailed above. I shall continue to exercise control of the company to complete the liquidation of
its assets and to seek recovery of losses caused to the company by the Gibsons and/or the companys former counsel. 27. Finally, once the liquidation of Righthaven is complete and its claims against
counsel realized, I intend to petition the Court for complete dissolution of Righthaven under NRS 86.495. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Respectfully submitted this 25th day of June, 2012.
23 24 25 26 27 28 -7Lara Pearson Receiver for Righthaven LLC
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CERTIFICATE OF SERVICE I hereby certify that the forgoing document was served on this 25th day of June, 2012 via the courts cm/ecf electronic service system to Righthavens counsel, Shawn Magano at shawn@maganolaw.com and Mr. Wayne Hoehns counsel, Marc Randazza at mjr@randazza.com.
By:
__________________ Lara Pearson, Esq.
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EXHIBIT J
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STEVEN A. GIBSON steven.gibson@cox.net NON-PARTY, IN PRO PER
RIGHTHAVEN LLC, a Nevada limited-liability company, Plaintiff, vs. WAYNE HOEHN, an individual, Defendant.
Case No.: 2:11-cv-00050-PMP-RJJ NON-PARTY STEVEN A. GIBSONS OBJECTION TO RECEIVERS NOTIFICATION TERMINATING RIGHTHAVEN LLCS CHIEF EXECUTIVE OFFICER
Non-party Steven A. Gibson (Gibson), appearing in pro per1, hereby objects to Receiver Lara Pearsons (Receivers) Notification Terminating Righthaven LLCs (Righthavens) Chief Executive Officer (CEO) insofar as said notification applies to Gibson. This Objection is based upon the Memorandum of Points and Authorities incorporated herein and on any other matter this Court wishes to take into consideration.
While Gibson is a licensed attorney and a partner with Dickinson Wright PLLC, he is here in an individual capacity and Dickinson Wright PLLC is not appearing as legal counsel, although, for purposes of convenience associated with this proceeding only, Gibson accepts electronic notice by the means associated with Gibson with this Court through his CM/ECF login.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I.
MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Despite all of the negative personal attacks in the blogosphere and the less than, in my opinion, entirely fair and balanced reporting by the Las Vegas Sun, Righthaven has brought to fore some critical issues: (a) the scope of Silvers v. Sony Pictures Entmt Inc., 402 F.3d 881, 884 (9th Cir. 2005), and (b) the ability of courts to decline subject matter jurisdiction and then continue to rule on fair use, attorneys fees and the appointment of receivers. Righthaven has been famously covered by a myriad of publishers including one recent ABA Journal article asking whether Righthaven was, in fact, right. The American system of justice requires that if this Court did not, in fact, have jurisdiction to rule on attorneys fees and/or appoint the Receiver, then the Ninth Circuit be allowed to address that possible difference of opinion. Otherwise, a fundamental precept of justice will be subverted. Indeed, precluding justice is hardly just. Attempting to prevent the appellate process from coming to full fruition is not a just goal and hardly within the realm of equitable action. The right of appeal is a fundamental linchpin of our democratic structure. It would be an affront to the essential foundation of the U.S. judicial system if this Court would permit the Receiver to subvert an appellate process that questions this Courts very jurisdiction to have even appointed the Receiver. This honorable Court is above the anti-democratic result of not allowing its rulings to be subject to appellate review. While the Receiver has appointed new appellate counsel, the Receiver has questioned the propriety of the appeal itself which is no surprise given that the appeal draws into question the propriety of the Receiver. Indeed, new appellate counsel was formerly adverse to Righthaven and made no secret of his anti-Righthaven feelings. To have such counsel now be Righthavens purported advocate is a tragic, unjust irony. Lets call a spade a spade: the Receiver, joined by Mr. Randazza, does not want to have counsel chosen by me (the manager of the manager of Righthaven) make oral argument before the Ninth Circuit. The Receiver has chosen anti-Righthaven counsel who, no doubt, will either
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dismiss the appeal or may otherwise not make as robust oral argument as current appellate counsel. While this objection is focused directly on the subject of the Receivers attempted termination of me as CEO (as I do not represent Righthaven and am before this Court in my personal capacity only), perhaps the most salient notion is that equity should permit Righthaven counsel to finish the appellate process and make oral argument (and allow me as CEO, or at least manager, to directly engage counsel to do so). Oral argument is effectively the only real step left in the appellate process and it is unfathomable how not allowing the judicial process to proceed with Righthaven counsel appearing before the Ninth Circuit would be wrongful, unjust or inequitable (particularly when no Righthaven assets are being used in the process). Regardless, and even more appalling, the Receiver, in its notification, has not followed this Courts rules regarding notice and hearing and, as such, the Receivers acts ought not be given effect without the Receiver following this Courts rules. Independently, the Receiver has acted well outside the scope of her authority. The Court empowered the Receiver to deal with Righthavens intellectual property and that is all. Indeed, the Receiver has concluded her business with respect to same. The Court did not generally order that the Receiver do more. The Receivers belief that she is generally in charge of Righthaven is not consistent with this Courts order. As such, the Receiver has acted outside her authority and, frankly, the termination of the receivership is proper, particularly as this receiver has demonstrated a willingness to ignore this Courts rules and pursue an agenda well outside the scope of her equitable mandate. Independently, Righthaven has clearly been prejudiced in 2012 by the inexplicable nonappearance, and non-withdrawal, of Righthavens legal counsel (the only one who can appear on behalf of Righthaven as I am not attorney of record). Basically, Righthaven has been left utterly defenseless by the inexcusable absence of counsel. To have the Receiver try to further prejudice the cause of justice by precluding Righthaven appellate counsel from simply making oral argument would be inequitable, to say the least.
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If this Court were to now expand the Receivers authority, query what equity would require. As expressed to this Court in other proceedings, unless something untoward has occurred, there should remain some Righthaven furniture and equipment in storage. Righthaven has no cash. If this Court exercises its understandably broad discretion to empower the Receiver to liquidate the tangible assets as it has empowered the Receiver to liquidate the intangible assets, then there should be no objection (other than this Courts jurisdiction remains in question and the subject of appeal). However, there is nothing more for the Receiver to manage or address other than to frustrate the judicial appellate process on an unwarranted basis. Indeed, the Receiver should know exactly where the remaining tangible assets of Righthaven can be found. No Righthaven assets are being used to compensate appellate counsel on the appeal. As such, there is nothing for the Receiver to concern herself with other than to perhaps pursue a curious path of trying to prevent oral argument before the Ninth Circuit. Defendant has already attempted, and failed, to dismiss the appeal based upon the fact that Mr. Mangano failed to perform. The Ninth Circuit denied the motion to dismiss obviously thereby expressing its interest in having the appeal proceed. Even if the Receivers termination of me as CEO was somehow within her authority and done within the parameters of permitted procedure, the Receivers position that that somehow divests me of authority would be wrong. A limited liability company is ultimately governed by its members and the members have chosen Net Sortie Systems, LLC (Net Sortie) as its statutory manager. I am the manager of Net Sortie. While the manager manages the CEO, in the absence of a CEO, the manager would assume management of all affairs of Righthaven. As such, until the Receiver gains this Courts authority, if ever, to also effectively terminate me as manager and then somehow also terminate the rights of the remaining members to have Righthaven governed by its members (as member-managers), then the Receivers conclusion that I no longer have any authority is simply wrong. The Receivers belief that the attempted transfer of what this Court determined were copyrights not held by Righthaven negates the vitality of the appeal is simply wrong. If the copyrights were indeed transferred, the right to pursue accrued actions was not and certainly the
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rights in this litigation were not transferred. That would have been an entirely wrongful and inequitable result. This Courts jurisdiction to have entered attorneys fees awards and to thereby give rise to the Receiver remains the subject of vibrant appellate dispute. As this honorable Court surely recognizes that there are at least serious questions posed by these jurisdictional questions, equity argues in favor of permitting the vetting of that issue before the Ninth Circuit. It is the just result.
II.
STATEMENT OF FACTS The Receiver was appointed by this Court as the receiver of Plaintiff Righthaven LLCs
intellectual property. (Doc. #62-10). The Receiver has issued its Notification, Doc. #92 (the Notification) terminating me without any notification of hearing. In the Notification, the Receiver terminated Miller Barondess as legal counsel for Righthaven. Mr. Randazza, counsel for Defendant, issued a statement to the press arising out of the Notification that he looks forward to having a drink in the context of Righthaven v. Gibson. See Exhibit 1. The Ninth Circuit only has oral argument to hear on the appeal of this case as a matter of Ninth Circuit record. Also as a matter of Ninth Circuit record is the denial of Appellees motion to dismiss and the granting of Appellants motion to correct certain defects of prior failings of Mr. Mangano (see Exhibit 2), unwithdrawn legal counsel of Righthaven whose whereabouts are unknown (See Exhibit 3, a declaration previously filed with this Court in another Righthaven matter). The Receiver has appointed Mr. Allen Lichtenstein as Righthaven legal counsel without any notice of hearing and without this Courts permission. Mr. Lichtenstein has appeared in the Ninth Circuit in the appeal of this case. (See Exhibit 4). I remain manager of Net Sortie (see Exhibit 5) who remains manager of Righthaven (see Exhibit 6).
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III.
ARGUMENT A. The Receiver Did Not Comply With This Courts Rules In Issuing Its Notification The Receiver has fundamentally failed to abide by this Courts rules regarding reports of
receivers and has failed in particular with respect to the Notification. Local Rule 66-4 governs reports of receivers. There does not appear to be any evidence that the Receiver has complied in any respect with the requirements of report filings and hearings as required by LR 66-4. There appears to have been no hearing in which Righthaven has been notified with respect to any report(s) filed, if any, pursuant LR 66-4 and there appears to have been no hearing at all regarding the approval or disapproval of the Receivers report, if any, or the determination of whether the receivership may continue.2 Indeed, as the Receivers liquidation of the intellectual property assets, as they were, has concluded, the continuation of the receivership would appear dubious at best. Moreover, at least with equal seriousness, the Receivers further report by way of the Notification to the Court failed to also meet with Local Rule 66-5 requiring the giving to all interested parties and creditors at least fourteen (14) days notice of the time and place of hearings of . . . (a) All further reports of the receiver . . .. There has been no notice of hearing of whatsoever nature. Indeed, it appears as if the Receiver has altogether ignored her duties under the Local Rules. For these reasons alone, the acts of the Receiver, at a minimum, should be subject to the notice and hearing requirements and, as a Court-appointed arm, the Receiver should be held to the highest standard; the Receivers failure to follow court rules draws into serious question the continued propriety of this Receiver as the receiver. Certainly, the Receiver made, for the first time, efforts to notify me directly at my work email address of the Notification. As such, the Receiver has demonstrated an ability to find the means to provide me notice of any hearing but, as an interested party presently, I have not received any hearing notice or any prior communication from the Receiver (other than by way of Mr. Mangano prior to February). Also as an interested party, and as Mr. Manganos whereabouts are unknown, I As Mr. Mangano has not been communicative with me since February, 2012, it is possible that he is aware of something that I am not particularly as I am not counsel and therefore have not received notifications as counsel would.
2
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certainly desire a hearing so that finally someone interested in something other than Mr. Randazzas agenda3 is before the Court.4 While the Receiver did not inform me of same, I learned that the Receiver hired Mr. Lichtenstein as Righthaven counsel for the appeal. It should be noted that the Receiver, yet again, failed to follow this Courts rules in hiring Mr. Lichtenstein. Local Rule 66-6 clearly provides that [a] receiver shall not employ an attorney . . . without first obtaining an order of the court authorizing such employment. It does not appear that this Court has issued any order authorizing such employment. Moreover, the Receivers choice of Mr. Lichtenstein is dubious. Mr. Lichtenstein was, prior to withdrawing and/or substituting out of the case in the face of a Rule 11 motion, adverse to Righthaven when he previously represented a Righthaven defendant. As such, there is at least circumstantial evidence that Mr. Lichtenstein has a motivation that is not one of zealous advocacy of Righthavens position. Indeed, I would not waive the conflict of interest if somehow Mr. Lichtenstein was an appropriate candidate to represent Righthaven. He was adverse to Righthaven on the same subject matter which would appear to pose a conflict, arguably not waivable. I suspect that Mr. Lichtenstein will do nothing more than dismiss the appeal a mere tactic driven by Mr. Randazza to subvert the clear desire of the real Righthaven to have vindication of Righthavens interests by way of appeal. In addition, the Receivers supervision of appellate counsel is dubious as the Receivers power is at some level the subject of the appeal. If this Court does not have jurisdiction, then the argument goes that this Court did not have the constitutional power to award prevailing party attorneys fees or do anything else beyond dismissal. For the Receiver to hire and supervise
Mr. Randazza has leveraged the Righthaven experience tremendously in the press and his vituperative remarks in the press and before this Court demonstrate, in my opinion, an approach of more than merely a scholarly, jurisprudentially-based examination of the merits of the issues. 4 Mr. Randazza has made numerous accusations before the Court that have gone unattended to by Mr. Mangano and to the extent that such accusations are relied upon by the Court in this present context, I would welcome the opportunity to address same. Indeed, he was recently quoted in the press as looking forward to having a drink in the advent of a misguided lawsuit of Righthaven vs. Gibson.
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appellate counsel, the Receiver is effectively having to instruct counsel to argue successfully that the Receiver should not be in power. The Receiver is thus in a massive conflict of interest as is counsel appointed by the Receiver. There simply is no need for these issues. Present counsel is fully capable of making the oral argument and there is simply no need for the Receiver to interfere in this process. Of course, this assumes that Mr. Lichtenstein will in good faith even attempt an argument rather than merely dismiss the appeal. B. Even if the Receiver Followed Procedure, the Receiver Is Acting Outside Its Authority As the Receiver was appointed by this Court as Receiver of Plaintiff Righthaven LLCs intellectual property and as the Receivers job has concluded with respect to effecting the transfer and/or other liquidation of Righthavens intellectual property, the further acts by the Receiver to terminate me as CEO, to hire Mr. Lichtenstein, to interview and attempt to procure contingency lawyers to engage in litigation not concerning the intellectual property and to take further acts as if the Receiver is generally in charge of Righthaven is both outside the scope of the Receivers authority, unnecessary and inappropriate. The role of the Receiver is limited. It is clear that the only authority sought by Hoehn from the Court was to have, effectively, the Receiver appointed to address, more or less, the liquidation of Righthavens intellectual property. Hoehn has clearly argued that the scope of the Receivers role would be with respect to the Court to appoint a receiver for Righthavens intellectual property assets (Doc. #62, p. 4). As already expressed, the Order generally provided for the Receiver to be the receiver of Righthavens intellectual property assets.5
While the coverage of the Order is specifically with respect to intellectual property, there was inserted a reference to the delivery of tangible assets. First, as Righthaven has no ability to pay for delivery, delivery would not be possible. It is my understanding that Mr. Mangano clarified with the Receiver the locations of the tangible assets that was also addressed to Mr. Randazza in a judgment debtors examination. To date, there appears to have been no attempt by the Receiver to work with the U.S. Marshal to obtain the tangible assets. To the extent that the Receiver desires to do so, the Receiver should have all the information required to obtain said tangible assets. This should be a simple logistical matter that ought not require any further court attention. Note further that Mr. Randazza took whatever funds were left in the Righthaven bank account further establishing the lack of funds possessed by Righthaven.
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However, it is entirely unclear how preventing the appellate process to proceed (either by terminating me, present appellate counsel or hiring (without authority) Mr. Lichtenstein), so long as no Righthaven assets are used to do so, is somehow either a just cause for the Receiver to pursue, within the Receivers authority or equitable in nature. Rather, it appears that the Receiver is following the agenda of Mr. Randazza who apparently has a very serious concern that the Ninth Circuit will rule in Righthavens favor and unravel, finally, his vigorous press campaign, his personal attacks and any right to legal fees he currently enjoys. Unlike Mr. Randazza, Righthaven generally has made a conscious decision to not litigate matters in the press, to not engage in personal attacks either before the courts or otherwise and to address the legal arguments in a clinical fashion. Independently, as addressed more fully, infra, I remain the manager of the manager of Righthaven and I should have the right to hire or terminate Righthaven counsel. By way of this Objection, I hereby seek the Courts recognition that I have the right to terminate, and so terminate, Mr. Lichtensteins so-called representation of Righthaven and that any further act undertaken by Mr. Lichenstein will not be undertaken with proper authority. Indeed, Mr. Lichtensteins confusing appearance before the Ninth Circuit should subject both the Receiver and Mr. Lichtenstein to liability. Mr. Lichtenstein should have known that the Receiver did not follow this Courts rules in having himself employed as counsel and therefore his appearance before the Ninth Circuit is per se malpractice and unprofessional. Mr. Lichtenstein should also have known that I remain the manager of the manager of Righthaven and therefore retain authority to conduct the affairs of Righthaven (which, as made clear, merely constitute the interface with appellate counsel to conduct the appeal as Righthaven has literally no other activity).6
The Receiver has made mention that a malpractice action against Mr. Mangano may be appropriate. I would not argue with same and would be delighted to work with a newlyappointed receiver (one that follows this Courts rules) to pursue same to the extent that this Court believes that another receiver is required.
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Case: 11-16751 07/05/2012 ID: 8239012 93 DktEntry: 34-2 Page: 112of 17 Case 2:11-cv-00050-PMP -RJJ Document Filed 07/02/12 Page 10 of 119(122 of 129)
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C. Regardless, the Receivers Attempted Prevention of Oral Argument Is Inequitable, Inefficient And Curious Assuming arguendo that the Receiver was vested with general power over all the affairs of Righthaven regardless of their nature, it is inexplicable that the Receiver, unless pursuing a curious agenda, would be acting appropriately or equitably in attempting to preclude appellate counsel, acting on my instructions on behalf of Righthaven, from making oral argument. By the time the Receiver issued the Notification, virtually all appellate briefing has been completed. Righthaven appellate counsel filed a motion to late file a reply brief given the failure of Mr. Mangano to do so and attached the proposed reply brief. In theory, as Mr. Randazza opposes such motion to late file, Righthaven appellate counsel could file a reply brief, but that would be elective. Moreover, given that the reply brief is elective in and of itself, nothing now precludes oral argument. As such, the only thing remaining is the Ninth Circuit to set a hearing date and hear from the litigants. The oral argument itself should not absorb more than a couple of hours. Therefore, appellate counsel merely has a few hours of oral argument and it is hoped not more than a few hours of preparation time in addition. Therefore, the Receiver appears to be attempting to inequitably prevent7 a few hours of appellate counsel work that in no manner adversely affects Righthaven or its creditors unless, of course, Righthaven succeeds in appeal in which case Righthaven should have no judgment creditors. Therefore, query what positive, equitable agenda is achieved by preventing the appeal to come to a conclusion. Arguably, one agenda only: Mr. Randazzas personal invective and attempt to not have his attorneys fees rulings overturned. However, preventing justice is hardly a means to justice. It is black-letter law that the purpose and parameter of a receivers role is equitable in nature. Therefore, even if the Receiver had the power and authority to terminate me as CEO and therefore my instructions to appellate counsel, how subverting the appellate process is equitable is unfathomable.
I understand that if Mr. Lichtenstein is appropriately instituted as counsel that he, in theory, could make oral argument, but query why Mr. Lichtenstein as opposed to appellate counsel who drafted, at least in part, the briefing before the Ninth Circuit and clearly is attempting to vindicate the real interests of Righthaven.
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Independently, there is an amicus brief filed in favor of Righthaven that squarely addresses this Courts jurisdiction to decide the fair use issue (after this Court decided that it did not, in fact, have subject matter jurisdiction over the case at all). Presumably, permitting not only Righthaven to pursue appellate decision, but other amicus, would maximize an equitable result. Allowing this particular appeal to move forward is also judicially efficient. First, the appeal is almost done. Second, if the Receivers termination of me as CEO were to stand, then such action in this Court, in theory, ought to provide me with an opportunity to appeal. I would, also in theory, have the right to appeal on the very same basis as Righthaven is currently appealing: that this Court, having declined subject matter jurisdiction, no longer has jurisdiction over this case, did not have jurisdiction to award prevailing party attorneys fees and thus did not have jurisdiction that gave rise to the Receiver, i.e., the termination was ultimately grounded upon this Courts jurisdiction, which it declined. Another view is that the Receivers authority is grounded upon this Courts rightful continued assumption of jurisdiction. Rather than Righthaven pursuing the appeal, it would be myself as an interested and affected party, but the issue would be identical. Of course, if I were to win the appeal, then the result would by definition be the same with this Courts actions in the absence of subject matter jurisdiction overturned. On the other hand, if my aforementioned theory of appeal is wrong and if Mr. Randazzas hoped-for drink-inducing event occurs whereby the Receiver instructs counsel to sue me on some strange malpractice action, a defense of mine will surely be that the underlying jurisdiction of this Court and thus ability to even appoint the Receiver was inappropriate (one of the same issues presently on appeal). Thus, having the Ninth Circuit set oral argument and have counsel actually advocating strongly the absence of this Courts jurisdiction is the most efficient path to have ultimate resolution of the relevant issues. D. The Ninth Circuit Appears To Desire That the Appellate Process Conclude The Ninth Circuit appears to be proceeding towards oral argument. I trust that this Court can take judicial notice that the Ninth Circuit, at times, rules on appeals without undertaking oral argument. Indeed, oftentimes the Ninth Circuit will rule on appeals fairly rapidly on the briefs
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submitted. Despite Mr. Manganos failures to file a reply and to also fail to abide by other procedures, the Ninth Circuit has permitted current appellate counsel to correct certain of Mr. Manganos failures and has not yet ruled, presumably anticipating oral argument. This permission was even in the face of a very aggressive motion to dismiss on the part of Mr. Randazza wherein he advanced, illucidly, tangential matters such as an argument to pierce the corporate veil. Without need for Righthaven to even brief a reply, the Ninth Circuit granted Righthavens motion to have Mr. Manganos failures corrected and denied Mr. Randazzas motion to dismiss. Clearly, if the Ninth Circuit was of a mind to not permit the appeal to move forward, granting the motion to dismiss would have been an option. Also before the Ninth Circuit is the amicus brief which sets forth that not merely Righthaven counsel believes that this Court did not have jurisdiction to make further rulings after this Court declined jurisdiction.8 E. The Appeal Is the Most Effective Path For Righthaven to Satisfy The Accounts of Non-Judgment Creditors Practically, only if Righthaven succeeds on appeal will Righthaven be able to return to a going concern and thus satisfy the debts of non-judgment creditors; if Righthaven succeeds, then there should be no judgment creditors. While the Receiver presumably believes that funds might be made available through some form of malpractice action against Mr. Mangano or myself, that does not appear to be well-founded. Mr. Manganos poor conduct, for the most part, happened after January, 2012 and may not create the damage structure the Receiver anticipates. As there was more than just a reasonable jurisprudential basis for every single Righthaven action, although courts have certainly held that the assignment structure was not legally sustainable, that does not mean there was malpractice. If that were true, then there would arguably be malpractice
This also demonstrates the illucidity of the Receivers drumbeat that the appeal is not going to be successful and that there was somehow malpractice in bringing the actions originally brought by Righthaven. It should be noted that some of the finest attorneys in the nation, including, without limitation, Harvard Professor Dale Cendali, of Kirkland & Ellis, drafted briefs on behalf of Righthaven carefully articulating the propriety of Righthavens legal actions and underlying jurisprudential basis. To claim that malpractice exists would be an indictment as well of Judge Navarros decision in another Righthaven case whereby Judge Navarro differed from other decisions in this district and assumed jurisdiction. Variant judicial decisions and the articulate, well-grounded briefing by established copyright counsel do not malpractice make.
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every time one side loses an argument before the court. As indicated, Righthaven has been provided counsel by some of the best legal minds in the nation well-experienced in copyright law. The various courts that have ruled on Righthaven issues have varied significantly in their jurisprudential positions. Even the Ninth Circuit was split in the Silvers decision (7-4). If Righthaven is merely seen as having attempted to advance the law and clarify a fact-pattern significantly stronger than the Silvers fact-pattern, then that does not constitute malpractice. The years that will be consumed and the unlikelihood of success on the merits of a malpractice action make such strategy nothing more than a vehicle of harassment. F. The Receivers Belief that CEO Termination Negates My Authority Is In Error Even if I am terminated as CEO, I remain manager of the manager and thus in a position of controlling authority to at least administer the appeal presently the only business of Righthaven. Righthaven does nothing now other than administer the appeal. It does not conduct any business and has no revenue stream. To the extent that this Court requires further assistance with the disposition of tangible assets, that would be some further Righthaven business. However, a debtors examination has already occurred where tangible assets were identified as were the location of those tangible assets. However, despite no doubt having knowledge of same, the Receiver has apparently declined to take any action to liquidate such tangible assets. As Righthaven has no funds, it is not in a condition to deliver to the Receiver a bunch of desks, chairs and the like. In sum, termination of me as CEO does not negate my statutorily-granted authority as manager. If the Receiver actually terminated me rightfully as CEO and acting as manager would subvert the spirit of the Receivers actions, then that might be worthy of consideration. However, that is not the case particularly as I have not even had the opportunity to have a hearing before this Court on this issue to understand this Courts position. G. The Receivers Belief that Transfer of Copyrights Negates The Appeal Is In Error To suggest that Righthavens appeal is subverted by the attempted transfer of something associated with the copyrights is not legally grounded and certainly not what was anticipated by this Court when granting such attempted transfer. I cannot believe that this Court would subvert the appeal by issuing such order.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In fact, this district courts entry of an award of attorneys fees and costs should be vacated as a nullity given the Courts lack of subject matter jurisdiction. See H. The Challenge To this Courts Jurisdiction In A Democracy Ought to Be Able to Proceed The law that this Court, upon declining jurisdiction, no longer had jurisdiction to do such thing as award attorneys fees is clear and therefore that issue at least poses a serious question that equity and justice require the Ninth Circuit hear. In Righthavens appellate brief, Righthaven set forth a very powerful jurisprudential basis for the proposition that this Court could not take further action after declining jurisdiction: Numerous courts from a variety of jurisdictions have held that there cannot be an award of attorneys fees unless has jurisdiction over the action absent an award of fees as sanctions. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir. 2006) ([T]he court having determined that it lacks subject matter jurisdiction over the action, is incapable of reaching a disposition on the merits of the underlying claims.)(emphasis in original); Hudson v. Principi, 260 F.3d 1357, 1363 (Fed. Cir. 2001) (This court and others have established that there cannot be an award of attorneys fees unless the court has jurisdiction of the action.); W.G. v. Senatore, 18 F.3d 60, 64 (2d Cir. 1994) (Where there is no subject matter jurisdiction to proceed with the substantive claim, as a matter of law that lack of jurisdiction bars and award of attorneys fees under [42 U.S.C. ] 1988.) (internal brackets omitted); Johnson-Manville Corp. v. United States, 893 F.2d 324, 328 (Fed. Cir. 1989) (finding a lack of subject matter jurisdiction barred fee award); Lane v. United States, 727 F.2d 18, 20-21 (1st Cir. 1984) (determining that a want of subject matter jurisdiction precluded an award of fees). Consistent with the decisions from other circuits, this Court has determined under at least two federal statutes that a lack of subject matter jurisdiction precluded an award attorneys fees. See United States v. 87 Skyline Terrace, 26 F.3d 923, 927 n.6 (9th Cir. 1994) (listing cases holding that subject matter jurisdiction is a condition precedent to an award of fees under the EAJA); Branson v. Nott, 62 F.3d 287, 293 (9th Cir. 1995) (declining to confer prevailing party status under 42 U.S.C. 1988 where subject matter jurisdiction was lacking); Clark v. Busey, 959 F.2d 808, 810 (9th Cir. 1992) (Subject matter jurisdiction to decide the merits of the underlying action is a condition precedent to an award of fees or costs under the EAJA.) (internal quotations omitted). Barring the recovery of attorneys fees under such circumstances is wholly consistent with this Courts finding that district court action beyond dismissal after subject matter is found lacking would be vacated as a nullity.
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Morongo Band of Mission Indians v. California State Bd. of Equalization, 858 F.2d 1376, 1380-81 (9th Cir. 1988). Specifically, this Court has stated: If jurisdiction is lacking at the outset, the district court has no power to do anything with the case except dismiss . . . . If jurisdiction was lacking then the courts various orders . . . were nullities. Id. This Courts proclamation in Morongo Band of Mission Indians is in agreement with decisional law from other jurisdictions, including that of the United States Supreme Court. See American Fire & Cas. Co. v. Finn, 341 U.S. 6, 18 (1951) (requiring a district court to vacate judgment after having determined that the district court lacked subject matter jurisdiction over the suit); see also United States v. 51 Pieces of Real Prop., Roswell, N.M., 17 F.3d 1306, 1309 (10th Cir. 1994) ([A] judgment is void if the court that enters it lacks jurisdiction over . . . the subject matter of the action.); Peralta Shipping Corp. v. Smith & Johnson (Shipping) Corp., 739 F.2d 798, 804 n.6 (2d Cir. 1984) ([A] judgment entered by a court lacking in subject matter jurisdiction may not stand.). In sum, the foregoing authorities are in agreement that a district courts entry of relief following dismissal for lack of subject matter jurisdiction cannot stand. The amicus brief also argued comparably that this Court, having declined jurisdiction, could not have continued to rule effectively on fair use: The district court should not have considered the merits of the defendants motion for summary judgment due to Righthavens lack of standing. See Giddings v. Vision House Productions, Inc., 584 F. Supp. 2d 1222, 1229 (D. Ar. 2008) (declining to address the merits of summary judgment motion where plaintiff did not own copyrights at issue); see also Charles Allan Wright & Arthur R. Miller, et al., 13A Federal Practice & Procedure 3531 (3d ed. 2011) (The fear that unnecessary decisions will prove unwise is deepened by the belief that the functional needs of the adversary system require litigants who will be affected tangibly by the decision.). In the absence of subject matter jurisdiction, the court did not have the authority to adjudicate the claim. See Steel Co. v. Citizens for a Better Envt, 523 U.S. 83, 101 (1998) (Hypothetical jurisdiction produces nothing more than a hypothetical judgment -- which comes to the same thing as an advisory opinion, disapproved by this Court from the beginning.). This Court should vacate the portion of the district courts order that granted the defendants motion for summary judgment. See Orff v. United States, 358 F.3d 1137, 1149 (9th Cir. 2005) (where subject matter jurisdiction was lacking, district court orders were vacated as nullities), affd, 545 U.S. 596 (2005); California, 215 F.3d at 1014 (vacating district court judgment in favor of defendant due to lack of subject matter jurisdiction). I urge that my termination as CEO was singularly designed to do one thing: subvert the appeal as the only thing I am doing as CEO is directing appellate counsel. As such, allowing me
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to continue as CEO and/or manager is effectively doing nothing more than permitting me to interface authoritatively with appellate counsel with respect to oral argument.
IV.
CONCLUSION For the foregoing reasons: (a) my termination of CEO should not be permitted; (b) at a
minimum, a hearing should occur; (c) the Receivers continued appointment should be drawn into serious question; (d) Mr. Lichtenstein should be immediately forced to withdraw from any representation; and (e) the oral argument before the Ninth Circuit should not be further subverted by the Receiver.
Respectfully submitted this 2nd day of July, 2012.
By: /s/ Steven A. Gibson STEVEN A. GIBSON NON-PARTY, IN PRO PER
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CERTIFICATE OF SERVICE Pursuant to Local Rule 5 of this Court, I certify that on this 2nd day of July, 2012, I caused a correct copy of the foregoing NON-PARTY STEVEN A. GIBSONS OBJECTION TO RECEIVERS NOTIFICATION OF TERMINATING RIGHTHAVEN LLCS CHIEF EXECUTIVE OFFICER to be served via CM/ECF to all parties including the Receiver and via United States Mail with postage pre-paid to the following parties:
Erik Swen Syverson, Esq. Miller Barondess, LLP 1999 Avenue of the Stars, Suite 1000 Los Angeles, California 90067 Allen Lichtenstein, Esq. 3315 Russell Road, No. 222 Las Vegas, Nevada 89120
/s/ Steven A. Gibson Steven A. Gibson
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Righthaven v. Hoehn - Correspondence To Court of Appeals Regarding Activity of Receiver

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Righthaven v. Hoehn - Correspondence To Court of Appeals Regarding Activity of Receiver

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Case: 11-16751

RIGHTHAVEN LLC, Plaintiff-Appellant, v. WAYNE HOEHN, Defendant-Appellee,

CORRESPONDENCE TO COURT OF APPEALS REGARDING ACTIVITY OF RECEIVER; DECLARATION OF ERIK S. SYVERSON

DATED: July 5, 2012

Attached hereto as Exhibit B is a true and accurate copy of Docket

Attached hereto as Exhibit G is a true and accurate copy of Docket

/// /// ///

As of July 5, 2012 at 2:52 p.m., no hearing date or further activity

Righthaven has filed no new lawsuits since May 2011.

Dated November 14, 2011

Respectfully Submitted, RANDAZZA LEGAL GROUP

Marc J. Randazza J. Malcolm DeVoy IV Attorneys for Defendant, Wayne Hoehn

by the Courts CM/ECF system.

/s/ J. Malcolm DeVoy J. Malcolm DeVoy

Page: 15 of 119 (25 of 129)

PHILIP M. PRO United States District Judge

Page: 17 of 119 (27 of 129)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Page: 21 of 119 (31 of 129)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

By: ______________________ Lara Pearson, Esq.

Page: 24 of 119 (34 of 129)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

By: ______________________ Lara Pearson, Esq.

Page: 27 of 119 (37 of 129)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

By: ______________________ Lara Pearson, Esq.

Page: 31 of 119 (41 of 129)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LAS VEGAS DIVISION

RIGHTHAVEN LLC, Plaintiff, vs. WAYNE HOEHN, Defendant.

Appearances: Court Recorder:

See Next Page Joan Quiros; FTR

Proceedings recorded by electronic sound recording; transcript produced by transcription service.

EXCEPTIONAL REPORTING SERVICES, INC

convened in Righthaven v. Hoehn, 11-Civil-50.

And also Laura Tucker, a UNLV student

I don't know what -- Mr. Mangano has not withdrawn

EXCEPTIONAL REPORTING SERVICES, INC

The telephone number on his last pleading

Mid-January? Your Honor, unfortunately, this has

He didn't show up but then he did, didn't

EXCEPTIONAL REPORTING SERVICES, INC

I don't recall that he's -- really that we've had

Obviously, I want to show cause why he's not here

Well, Ms. Pearson, maybe you can update

I know your last report indicated you were looking for

MR. RANDAZZA: THE COURT:

Okay. And, you know, we understand that they

MR. RANDAZZA: THE COURT:

EXCEPTIONAL REPORTING SERVICES, INC

Why can't I just order that such right as

Would you need something signed by Mr. Mangano on behalf

of his clients? MS. PEARSON: To be honest, your Honor, I'm not

-- or proposed that articulated --

EXCEPTIONAL REPORTING SERVICES, INC

a copyright can be transferred under operation of law.

MR. RANDAZZA: THE COURT:

Right. So, I guess, that would be the --

MR. RANDAZZA: THE COURT:

It's got to be an effective transfer or

That's the problem. I mean, I'm

Well, we can go one of two ways.