Sananikone v. United States of America

Filing 216

ORDER signed by Judge Kimberly J. Mueller on 10/19/11 CONFIRMING bench order issued on the second day of trial, 10/19/2011. The issue of responsible parties will be addressed by the final jury instructions. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PUONGPUN SANANIKONE,
Plaintiff,

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vs.

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No. CIV-S-07-1434 KJM KJN

UNITED STATES OF AMERICA,
Defendant,

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vs.

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PAUL TA, et al.,
Counterclaim Defendants.

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/

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This order confirms a bench order issued on the second day of trial, October 19,

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ORDER

2011.

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Counterclaim defendant Vo and the government reached a stipulated judgment in

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the amount of $656,141.63 which the court signed on November 5, 2010 (ECF Nos. 110 & 111).

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Sananikone has asked the court to take judicial notice of this judgment, in part to show the jury

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that there may be more than one responsible party.

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Under Rule 201 of the Federal Rules of Evidence, a court may take judicial notice
of a fact not subject to reasonable dispute and capable of ready and accurate determination;
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under this rule, a court may take judicial notice of its own records. MGIC Indemnity Corp. v.

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Weisman, 803 F. 2d 500, 504 (9th Cir. 1986); Stamas v. County of Madera, 2011 WL 2433633,

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at *6 (E.D. Cal. June 14, 2011). Judicial notice of a court document generally does not extend to

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any disputed facts in the documents. See Lee v. City of Los Angeles, 250 F.3d 668, 690 (9th Cir.

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2001); United States v. So. Cal. Edison Co., 300 F.Supp.2d 964, 974 (E.D. Cal. 2004).

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The government does not dispute the general proposition that there may be more

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than one responsible party. The judgment is not necessary to show this. Moreover, the taking of

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judicial notice would place before the jury a document from which it might improperly draw

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inferences with respect to disputed facts. Plaintiff may still seek to present evidence with respect

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to responsible parties other than Mr. Sananikone; ultimately the issue of responsible parties will

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be addressed by the final jury instructions.

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DATED: October 19, 2011.

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UNITED STATES DISTRICT JUDGE

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