United States of America v. State of California et al

Filing 19

REQUEST for JUDICIAL NOTICE by Xavier Becerra, Edmund Gerald Brown, Jr, State of California. re 18 Motion to transfer venue. (Attachments: # 1 Exhibit A through I)(Chuang, Christine) Modified on 3/15/2018 (Reader, L).

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XAVIER BECERRA
Attorney General of California
THOMAS PATTERSON
Senior Assistant Attorney General
MICHAEL NEWMAN
SATOSHI YANAI
Supervising Deputy Attorneys General
CHRISTINE CHUANG
ANTHONY HAKL
CHEROKEE MELTON
LEE I. SHERMAN
Deputy Attorneys General
State Bar No. 272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

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Case No. 2:18-cv-00490-JAM-KJN

Plaintiff,
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS’ MOTION
TO TRANSFER VENUE TO THE
THE STATE OF CALIFORNIA; EDMUND NORTHERN DISTRICT OF
CALIFORNIA
GERALD BROWN JR., Governor of
California, in his official capacity; and
XAVIER BECERRA, Attorney General of
Judge: Honorable John A. Mendez
California, in his official capacity,
Action Filed: March 6, 2018
v.

Defendants.

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Request for Judicial Notice in Support of Defendants’ Motion to Transfer Venue
to the Northern District of California (18-cv-00490-JAM-KJN)

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Defendants the State of California, Edmund Gerald Brown Jr., Governor of California, in

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his official capacity, and Xavier Becerra, Attorney General of California, in his official capacity

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(collectively, “Defendants”), hereby request, pursuant to Rule 201 of the Federal Rules of

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Evidence, that the Court take judicial notice of the following items in connection with

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Defendants’ Motion to Transfer Venue to the Northern District of California:

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1.

(N.D.Cal.) (hereinafter “California v. Sessions”).

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2.

Exhibit B: First Amended Complaint (excluding exhibits), California v. Sessions,
Dkt. No. 11.

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Exhibit A: Court Docket, California v. Sessions, et al., Case No. 17-cv-4701

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Exhibit C: Plaintiff State of California’s Amended Motion for Preliminary Injunction,
California v. Sessions, Dkt. No. 26.

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4.

Exhibit D: Order Denying Motion to Dismiss, California v. Sessions, Dkt. No. 88

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5.

Exhibit E: Order Denying Amended Motion for Preliminary Injunction, California v.
Sessions, Dkt. No. 89.

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2018, California v. Sessions.

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Exhibit G: Plaintiff San Francisco’s Second Amended Complaint (excluding
exhibits), San Francisco v. Trump, Case No. 17-cv-485 (N.D. Cal.), Dkt. No. 105.

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Exhibit F: Excerpts of Transcript of Proceedings (Motion to Dismiss), February 28,

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Exhibit H: United States Courts, United States District Courts—National Judicial

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Caseload Profile, “California Northern,” available at

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http://www.uscourts.gov/sites/default/files/data_tables/fcms_na_distprofile1231.2017

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.pdf at 66.

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Exhibit I: United States Courts, United States District Courts—National Judicial

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Caseload Profile, “California Eastern,” available at

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http://www.uscourts.gov/sites/default/files/data_tables/fcms_na_distprofile1231.2017

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.pdf at 67.

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Facts subject to judicial notice include those that “can be accurately and readily determined
from sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(2). The
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Request for Judicial Notice in Support of Defendants’ Motion to Transfer Venue
to the Northern District of California (18-cv-00490-JAM-KJN)

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Court “must take judicial notice if a party requests it and the court is supplied with the necessary

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information.” Fed. R. Evid. 201(c)(2). Courts regularly take judicial notice of “undisputed

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matters of public record, including documents on file in federal or state courts.” Harris v.

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Cty. of Orange, 682 F.3d 1126, 1131-32 (9th Cir. 2012) (internal citations omitted); Lee v. City of

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Los Angeles, 250 F.3d 668, 688-89 (9th Cir. 2001); Kurtz v. Intelius, Inc., 2011 U.S.Dist.LEXIS

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101922, *3-*4 (E.D.Cal. Sept. 9, 2011). Exhibits A through G are court records from California

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v. Sessions and San Francisco v. Trump, both pending actions in the Northern District of

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California.

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Information made publicly available by government entities, including data, is also subject

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to judicial notice. See Daniels-Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998-99 (9th Cir. 2010);

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Teixeira v. Cty. of Alameda, 873 F.3d 670, 676 n.6 (9th Cir. 2017). Exhibits H and I are reports

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containing data compiled by the United States Courts, made publicly available on its website.

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In sum, the above items meet the requirements of Rule 201(b)(2) of the Federal Rules of

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Evidence, and therefore, the Court must take judicial notice of them pursuant to Rule 201(c)(2) of

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the Federal Rules of Evidence.

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Dated: March 13, 2018

Respectfully Submitted,
XAVIER BECERRA
Attorney General of California

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/s/Christine Chuang
Christine Chuang
Deputy Attorney General
Attorneys for Defendants

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Request for Judicial Notice in Support of Defendants’ Motion to Transfer Venue
to the Northern District of California (18-cv-00490-JAM-KJN)

CERTIFICATE OF SERVICE

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I hereby certify that I electronically transmitted the foregoing document using the U.S.

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District Court for the Eastern District of California’s Electronic Document Filing System (ECF)

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on March 13, 2018 and that service on all counsel of record will be accomplished by the ECF

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system.

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/s/Christine Chuang
Christine Chuang
Deputy Attorney General

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Request for Judicial Notice in Support of Defendants’ Motion to Transfer Venue
to the Northern District of California (18-cv-00490-JAM-KJN)