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					Case: 11-16751    10/31/2011    ID: 7948869   DktEntry: 4-1   Page: 1 of 3



          IN THE UNITED STATES COURT OF APPEALS
                  FOR THE NINTH CIRCUIT


                               NO. 11-16751


                         RIGHTHAVEN LLC,
                             Appellant

                                    v.

                          WAYNE HOEHN,
                             Appellee



MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF
        PURSUANT TO CIRCUIT RULE 31-2.2(b)


 Appeal from the United States District Court for the District of Nevada
                  Case No. 2:11-cv-00050-PMP-RJJ

                   SHAWN A. MANGANO, LTD.
                      Shawn A. Mangano, Esq.
                      shawn@manganolaw.com
                         Nevada Bar No. 6730
                 8367 West Flamingo Road, Suite 100
                      Las Vegas, Nevada 89147
                        Phone: (702) 304-0432
                         Fax: (702) 922-3851

                 Attorney for Appellant Righthaven LLC
     Case: 11-16751     10/31/2011    ID: 7948869    DktEntry: 4-1    Page: 2 of 3



      Appellant Righthaven LLC (“Righthaven”) hereby moves for an extension

of time to file its opening brief pursuant to Circuit Rule 31-2.2(b) (the “Motion”).

The Motion requests a 30-day extension of time for Righthaven to file its opening

brief in this appeal. If the Motion is granted, Righthaven will file its opening brief

on or before November 28, 2011.

      Righthaven’s counsel originally requested a telephonic 14-day extension of

time to file its opening brief in this matter on October 27, but was advised that its

opening brief was not due under November 28, 2011. Upon further inquiry, it

appears that the opening brief deadline provided was for an associated appeal in

this action concerning an award of attorneys’ fees and costs (Case No. 11-16995).

Righthaven discovered this apparent misunderstanding today, October 31, 2011,

which is one business day following the October 28, 2011 filing deadline for its

opening brief. Upon contacting the Court, Righthaven was advised to file this

Motion pursuant to Circuit 31-2.2(b) since a telephonic extension of time could not

be granted since the deadline to file its opening brief had passed.

      Righthaven’s request for an extension of time is supported by diligence and

substantial need. First, Righthaven sought a telephonic extension of time in a

timely manner but was advised that its opening brief was not due until November

28, 2011. Thus, absent this confusion, Righthaven would have been entitled to an

automatic 14-day extension of time to submit its opening brief pursuant to Circuit



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     Case: 11-16751      10/31/2011   ID: 7948869    DktEntry: 4-1   Page: 3 of 3



Rule 31-2.2(a). Second, Righthaven’s request is supported by substantial need in

that it currently has two separate opening briefs due on November 14, 2011 (Case

No. 11-16776 and Case No. 11-16358). Additionally, during this same time

period, Righthaven’s counsel is scheduled to undergo a surgical procedure for

which it is estimated that he will be recovering outside of the office for

approximately one week. Finally, Righthaven has been contacted by potential

amicus counsel who anticipates moving the Court for permission to appear and

submit substantive briefing in this appeal. Accordingly, the foregoing

circumstances justifies granting Righthaven’s request for a 30-day extension of

time to file its opening brief.

      Dated this 31st day of October, 2011.

                                  SHAWN A. MANGANO, LTD.
                                  By: /s/ Shawn A. Mangano
                                  SHAWN A. MANGANO, ESQ.
                                  Nevada Bar No. 6730
                                  8367 West Flamingo Road, Suite 100
                                  Las Vegas, Nevada 89147

                                  Attorney for Appellant Righthaven LLC




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