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)

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J. Andrew Coombs (SBN 123881)
[e-mail]
Nicole L. Drey (SBN 250235)
[e-mail]
J. Andrew Coombs, A Prof. Corp.
517 E. Wilson Ave., Suite 202
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff DC Comics

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DC Comics,
Plaintiff,

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v.
Mark Towle, an individual and d/b/a
Gotham Garage, and Does 1 – 10,
inclusive,
Defendants.

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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

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TO DEFENDANT AND ITS COUNSEL OF RECORD:

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PLEASE TAKE NOTICE THAT Plaintiff DC Comics (“Plaintiff” or “DC”)

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submits the following objections to the Request for Judicial Notice submitted by

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Defendant Mark Towle, an individual and d/b/a Gotham Garage (“Defendant”) in

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support of its Motion to Dismiss Claim of Copyright Infringement Pursuant to FRCP

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12(b)(6) as set forth below:

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• Plaintiff objects to the exhibits in their entirety as outside the scope of

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consideration on a motion to dismiss. See Levine v. Diamanthuset, Inc.,

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950 F.2d 1478, 1483 (9th Cir. 1991); In re Autodesk, Inc. Sec. Litig.,

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132 F. Supp. 2d 833, 837 (N.D. Cal. 2000) citing Allarcom Pay

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Television, Ltd. v. Gen. Instrument Corp., 69 F.3d 381, 385 (9th Cir.

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1995).
DC Comics v. Towle: Objections to Request for Judicial Notice

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• Plaintiff further objects to the exhibits in their entirety as irrelevant to

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determination as a matter of law of Plaintiff’s copyright ownership of
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the Batmobile.
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• Plaintiff objects to Exhibits 1, 2, 3, 10, and 11 as not “generally known

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within the trial court’s territorial jurisdiction.” Fed. R. Evid. 201(b)(1).
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• Plaintiff objects to Exhibits 1, 2, 3, 10, and 11 as not able to be

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“accurately and readily determined from sources whose accuracy cannot
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reasonably be questioned.” Fed. R. Evid. 201(b)(2).
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Dated: January 9, 2012

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J. Andrew Coombs, A Prof. Corp.
/s/ Nicole L. Drey
By: ________________________________
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiff DC Comics

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DC Comics v. Towle: Objections to Request for Judicial Notice

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