DC Comics v. Mark Towle et al

Filing 19

OBJECTIONS to Request for Judicial Notice, Request for Relief 16 filed by Plaintiff DC Comics. (Drey, Nicole)

5 J. Andrew Coombs (SBN 123881) andy@coombspc.com Nicole L. Drey (SBN 250235) nicole@coombspc.com J. Andrew Coombs, A Prof. Corp. 517 E. Wilson Ave., Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 6 Attorneys for Plaintiff DC Comics 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DC Comics, Plaintiff, 12 13 14 15 v. Mark Towle, an individual and d/b/a Gotham Garage, and Does 1 – 10, inclusive, Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-3934 RSWL (OPx) OBJECTIONS TO REQUEST FOR JUDICIAL NOTICE Hearing Date: January 25, 2012 Time: 10:00 a.m. Courtroom: 21 Before the Hon. Ronald S.W. Lew 17 TO DEFENDANT AND ITS COUNSEL OF RECORD: 18 PLEASE TAKE NOTICE THAT Plaintiff DC Comics (“Plaintiff” or “DC”) 19 submits the following objections to the Request for Judicial Notice submitted by 20 Defendant Mark Towle, an individual and d/b/a Gotham Garage (“Defendant”) in 21 support of its Motion to Dismiss Claim of Copyright Infringement Pursuant to FRCP 22 12(b)(6) as set forth below: 23 • Plaintiff objects to the exhibits in their entirety as outside the scope of 24 consideration on a motion to dismiss. See Levine v. Diamanthuset, Inc., 25 950 F.2d 1478, 1483 (9th Cir. 1991); In re Autodesk, Inc. Sec. Litig., 26 132 F. Supp. 2d 833, 837 (N.D. Cal. 2000) citing Allarcom Pay 27 Television, Ltd. v. Gen. Instrument Corp., 69 F.3d 381, 385 (9th Cir. 28 1995). DC Comics v. Towle: Objections to Request for Judicial Notice -1- 1 • Plaintiff further objects to the exhibits in their entirety as irrelevant to 2 determination as a matter of law of Plaintiff’s copyright ownership of 3 the Batmobile. 4 • Plaintiff objects to Exhibits 1, 2, 3, 10, and 11 as not “generally known 5 within the trial court’s territorial jurisdiction.” Fed. R. Evid. 201(b)(1). 6 • Plaintiff objects to Exhibits 1, 2, 3, 10, and 11 as not able to be 7 “accurately and readily determined from sources whose accuracy cannot 8 reasonably be questioned.” Fed. R. Evid. 201(b)(2). 9 10 11 Dated: January 9, 2012 12 J. Andrew Coombs, A Prof. Corp. /s/ Nicole L. Drey By: ________________________________ J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff DC Comics 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DC Comics v. Towle: Objections to Request for Judicial Notice -2-