Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 79

REQUEST for JUDICIAL NOTICE by Kamehameha Schools/Bernice Pauahi Bishop Estate, J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, Corbett A.K. Kalama in re 77 Motion for Miscellaneous Relief,. in Support of Motion to Transfer to District of Hawaii (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Alston, Paul)

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ALSTON HUNT FLOYD & ING PAUL ALSTON (Admitted Pro Hac Vice) LOUISE K. Y. ING (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] [e-mail] American Savings Bank Tower 1001 Bishop Street, 18th Floor Honolulu, HI 96813 Telephone: [phone] Facsimile: [phone] BINGHAM McCUTCHEN LLP CHARLENE S. SHIMADA (SBN 91407) JOHN D. PERNICK (SBN 155468) ROBERT BRUNDAGE (SBN 159890) [e-mail] [e-mail] [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Cross-claim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; et al., Defendants. And Related Cross and Counterclaims.

CASE NO. 2:08-cv-00672-FCD-KJM REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAI`I PURSUANT TO 28 U.S.C. § 404; EXHIBITS A-C Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAI`I PURSUANT TO 28 U.S.C. § 404 CASE NO. 08-00672 FCD-KJM

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Pursuant to Federal Rule of Evidence 201, Defendants and Cross-Claim Defendants Kamehameha Schools/Bernice Pauahi Bishop Estate and J. Douglas Ing, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, and Corbett A.K. Kalama, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate (collectively "KS"), respectfully request that the Court take judicial notice of the existence of the following court filings in support of its Motion to Transfer to District of Hawai`i Pursuant to 28 U.S.C. § 404 ("Motion to Transfer"): · Plaintiffs Nainoa Thompson, et al.'s Complaint; Summons in the Third Circuit Court for the State of Hawai`i lawsuit entitled Thompson, et al. v. John Doe, et al., Civil No. 08-1-0253, filed August 6, 2008. A true and correct copy of the document is attached as Exhibit A. Declaration of James J. Banks in Support of Motion to Compel Further Response to Request for Production of Documents and for Evidentiary and Monetary Sanctions in the lawsuit entitled Grant v. Goemans, et al., Case No. 07AS04172, filed April 22, 2008. A true and correct copy of excerpts of the document is attached as Exhibit B. Memorandum in Support of Motion to Compel Further Response to Request for Production of Documents and for Evidentiary and Monetary Sanctions in the lawsuit entitled Grant v. Goemans, et al., Case No. 07AS04172, filed April 22, 2008. A true and correct copy of excerpts of the document is attached as Exhibit C

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Louise K. Y. Ing's declaration filed in support of KS' Motion to Transfer describes the source of these documents. DISCUSSION The Court may take judicial notice of court filings in earlier related proceedings in other tribunals which have a "direct relation to the matters at issue." United States v. S. Cal. Edison Co., 300 F. Supp. 2d 964, 974 (E.D. Cal. 2004) (judicial notice can be taken of the existence of matters of public record, of filings or representations having been made). The Court may take judicial notice of documents filed and orders or decisions entered in any federal or state court. See Holder v. Holder, 305 F.3d 854, 866 (9th Cir. 2002); Harris v. Florida Elections Comm's, 235 F.3d 578, 579 (11th Cir. 2000); United States v. Warneke, 199 F.3d 906, 909 n.1 (7th Cir. 1999). The Court may take judicial notice of such documents "not for the truth of the facts recited therein, but for the existence of the opinion, which is not subject to reasonable dispute over its authenticity." Lee v. City of Los Angeles, 250 F.3d 668, 690 (9th Cir. 2001) (quotation and citation omitted). Therefore, this Court may appropriately take judicial
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAI`I PURSUANT TO 28 U.S.C. § 404 CASE NO. 08-00672 FCD-KJM

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notice of the court filings, docket sheets and order designated above as Exhibits A through C, submitted by KS in support of its Motion to Transfer. DATED: August 28, 2008 ALSTON HUNT FLOYD & ING BINGHAM McCUTCHEN LLP By: /s/ Paul Alston PAUL ALSTON LOUISE K. Y. ING CLYDE J. WADSWORTH Attorneys for Defendants and Cross-claim Defendants KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate

686,890 / 8348-4

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS AND CROSS-CLAIM DEFENDANTS' MOTION TO TRANSFER TO DISTRICT OF HAWAI`I PURSUANT TO 28 U.S.C. § 404 CASE NO. 08-00672 FCD-KJM

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