Case 2:11-cv-00050-PMP -RJJ Document 16-1

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Randazza Legal Group 7001 W Charleston Blvd #1043 Las Vegas, NV 89117 (888) 667-1113

Marc J. Randazza (Pro Hac Vice Admission Pending) J. Malcolm DeVoy IV (Nevada Bar No. 11950) RANDAZZA LEGAL GROUP 7001 W. Charleston Boulevard, # 1043 Las Vegas, NV 89117 Telephone: 888-667-1113 Facsimile: 305-437-7662 Randazza.com Attorneys for Defendant, Wayne Hoehn UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RIGHTHAVEN, LLC, a Nevada limited liability company, Plaintiff, vs. WAYNE HOEHN, an individual Defendant. Case No. 2:11-cv-00050 DECLARATION OF J. MALCOLM DEVOY IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

DECLARATION OF J. MALCOLM DEVOY IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION I, J. MALCOLM DEVOY, hereby declare as follows: 1. I am a duly licensed attorney in Nevada and a member of the Nevada bar in good standing, attorney for the Randazza Legal Group law firm, and counsel of record for Defendant Wayne Hoehn in this matter. 2. On April 15, I used the Public Access to Court Electronic Records (“PACER”) system, and this Court’s Case Management / Electronic Case Filing (“CM/ECF”) system, to access the Defendants’ Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions (Doc. # 79) in Righthaven LLC v. Democratic Underground LLC, Case No. 2:10-cv-01356-RLH-GWF (D. Nev., filed Mar. 9, 2011).

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Case 2:11-cv-00050-PMP -RJJ Document 16-1

Filed 04/17/11 Page 2 of 2

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Randazza Legal Group 7001 W Charleston Blvd #1043 Las Vegas, NV 89117 (888) 667-1113

3. At this point, the Document had been unsealed and made part of the public record in that case, pursuant to the Court’s April 14, 2011 order to unseal the evidence in Democratic Underground LLC’s above-mentioned supplemental memorandum (Doc. # 79). Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Order # 93 (D. Nev., filed Apr. 14, 2011). 4. Exhibit A to Democratic Underground LLC’s Supplemental Memorandum (Doc. # 79) is the Strategic Alliance Agreement between Righthaven LLC and Stephens Media LLC, which is attached to Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction as Exhibit A. 5. In addition to being a public document, Exhibit A is established to be a true and correct copy of Righthaven LLC’s Strategic Alliance Agreement with Stephens Media LLC by the Declaration of Laurence F. Pulgram in Support of Defendants’ Supplemental Memorandum Addressing Recently Produced Evidence Relating to Pending Motions. Democratic Underground, Case No. 2:10-cv-01356-RLH-GWF, Doc. # 79-1 ¶¶ 6-8 (D. Nev., filed Mar. 9, 2011). I declare under penalty of perjury that the foregoing is true and correct.

Dated: April 17, 2011

By: J. Malcolm DeVoy IV

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