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

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

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Published by Devlin Hartline

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Published by: Devlin Hartline on Jul 06, 2012
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124748.2
Case No. 11-16751
 IN THE UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
RIGHTHAVEN LLC,
 Plaintiff-Appellant,
 v.WAYNE HOEHN,
 Defendant-Appellee,
 
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THEDISTRICT OF NEVADA(Hon. Philip M. Pro)Case No. 2:11-cv-00050-PMP-RJJ
CORRESPONDENCE TO COURT OF APPEALS REGARDINGACTIVITY OF RECEIVER; DECLARATION OF ERIK S. SYVERSONMILLER BARONDESS, LLP
Erik S. Syverson (California SBN 221933)1999 Avenue of the Stars, Suite 1000Los Angeles, CA 90067Telephone: (310) 552-5236Facsimile: (310) 552-8400Email: esyverson@millerbarondess.comAttorneys for
 Plaintiff-Appellant
Righthaven LLC
Case: 11-16751 07/05/2012 ID: 8239012 DktEntry: 34-1 Page: 1 of 10
(1 of 129)
 
 
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124748.2
CORRESPONDENCE TO COURT
On behalf of its client, Plaintiff-Appellant Righthaven LLC (“Righthaven”),counsel respectfully submits to the Court correspondence comprising a statusreport regarding the appointment of a receiver by the District Court in theunderlying matter, and subsequent developments related thereto. Thiscorrespondence is intended to apprise the Court of the authority and status of various counsel that have appeared before this Court on behalf of Righthaven, andof certain activity before the District Court that may affect this appeal.
 Appointment and Initial Activity of Receiver for Righthaven’s Assets
On November 14, 2011, Appellee-Defendant Wayne Hoehn (“Hoehn”) fileda motion in the underlying action before the District Court, requesting that it “orderthe appointment of a receiver to which Plaintiff Righthaven LLC (“Righthaven”)shall assign all of its intellectual property and other intangible property, which thereceiver shall auction in order to partially satisfy Hoehn’s 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, theDistrict Court issued an Order granting Hoehn’s motion after Righthaven failed tofile a response. (Syverson Decl. Exh. B [D. Nev. Dkt. No. 66])The appointed receiver, Ms. Lara Pearson, subsequently made certainreports to the District Court regarding the progress of the receivership. A first
Case: 11-16751 07/05/2012 ID: 8239012 DktEntry: 34-1 Page: 2 of 10
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report, filed on January 3, 2012, advised the court of communications between Ms.Pearson and Righthaven’s prior counsel, Mr. Shawn Mangano, regarding thetransfer of Righthaven’s intellectual property assets, and requested the DistrictCourt’s intervention. (Syverson Decl. Exh. C [D. Nev. Dkt. No. 70]) Second andthird reports, filed on January 6, 2012 and February 8, 2012, respectively, apprisedthe court of the results of the auction of Righthaven’s 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 onFebruary 20, 2012, informed the court of the receiver’s continuing inability tofacilitate the transfer of Righthaven’s intellectual property assets. (Syverson Decl.Exh. F [D. Nev. Dkt. No. 82]) The receiver subsequently attended a hearing on amotion brought by Hoehn, which sought to compel Righthaven’s managers toexecute transfers of Righthaven’s intellectual property assets. (Syverson Decl.Exh. G [D. Nev. Dkt. No. 91]) During that hearing, the District Court issued anorder 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 theundersigned counsel in order to maintain the instant appeal, as a result of itsinability to communicate with prior counsel, Mr. Mangano. Through the
Case: 11-16751 07/05/2012 ID: 8239012 DktEntry: 34-1 Page: 3 of 10
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