USA v. State of Arizona, et al
Filed (ECF) Appellants Janice K. Brewer and State of Arizona Motion to take judicial notice of. Date of service: 08/26/2010.  (JB)
USA v. State of Arizona, et al
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
United States of America, Plaintiff-Appellee, v. State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants-Appellants. Appeal from the United States District Court for the District of Arizona No. CV 10-1413-PHX-SRB
APPELLANTS' REQUEST FOR JUDICIAL NOTICE
John J. Bouma (Ariz. Bar #001358) Robert A. Henry (Ariz. Bar #015104) Joseph G. Adams (Ariz. Bar #018210) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Fax: (602) 382-6070 firstname.lastname@example.org email@example.com firstname.lastname@example.org Joseph A. Kanefield (Ariz. Bar #015838) Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007 Telephone: (602) 542-1586 Fax: (602) 542-7602 email@example.com
Attorneys for Defendants-Appellants State of Arizona; and Janice K. Brewer, Governor of the State of Arizona
Pursuant to Fed. R. Evid. 201, Defendants-Appellants the State of Arizona and its Governor, Janice K. Brewer, request that the Court take judicial notice of two transcripts of hearings in related cases: (1) Salgado v. Brewer, et al., Case No. CV10-00951-PHX-SRB, Reporter's Transcript of Proceedings, Motion Hearing, July 15, 2010; and (2) Friendly House v. Whiting, et al., Case No. CV10-1061PHX-SRB, Reporter's Transcript of Proceedings, Motion Hearing, July 22, 2010. Copies of these transcripts are attached as Exhibit A and Exhibit B. The Salgado and Friendly House cases, like this action, are among the seven cases filed in the U.S. District Court for the District of Arizona that challenged the validity of Senate Bill 1070, as amended. All seven cases were transferred to the same judge, who scheduled three separate hearings on motions for preliminary injunction and motions to dismiss. The hearing in the Salgado case took place on July 15, 2010, and the hearings for the Friendly House case and this action took place on July 22, 2010. The preliminary injunction hearing in this action was the final hearing, and the Court and counsel expressly referred to the prior hearings during oral argument. Accordingly, a review of these two prior transcripts would likely be helpful to place the preliminary injunction hearing in this action in context. It is well-settled that the Court may properly take judicial notice of transcripts of hearings in other cases. See, e.g., Engine Mfrs. Ass'n v. S. Coast Air
Quality Maint. Dist., 498 F.3d 1031, 1039 n.2 (9th Cir. 2007) (taking judicial notice of Supreme Court oral argument transcript); Holder v. Holder, 305 F.3d 854, 866 (9th Cir. 2002) (taking judicial notice of decision and briefs from case before California Court of Appeal). For these reasons, Defendants-Appellants respectfully request that the Court take judicial notice of the two transcripts of hearings in related cases attached as Exhibit A and Exhibit B. Dated: August 26, 2010 SNELL & WILMER L.L.P. John J. Bouma Robert A. Henry Joseph G. Adams By: s/John J. Bouma John J. Bouma Attorneys for Appellants, Janice K. Brewer and the State of Arizona
CERTIFICATE OF SERVICE I hereby certify that on August 26, 2010 I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Tony West Dennis K. Burke Arthur R. Goldberg Varu Chilakamarri Joshua Wilkenfeld U.S. Department of Justice, Civil Division 20 Massachusetts Avenue, N.W. Washington, D.C. 20530
s/John J. Bouma
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