Bradley v. Google, Inc. et al

Filing 13

Request for Judicial Notice re 12 MOTION to Dismiss Amended Complaint filed byGoogle, Inc., Google AdSense. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s)12) (Shen, Andrew) (Filed on 11/16/2006)

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Bradley v. Google, Inc. et al Doc. 13 Case 3:06-cv-05289-WHA Document 13 Filed 11/16/2006 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP ASHOK RAMANI - #200020 ANDREW SHEN - #232499 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendants GOOGLE, INC., GOOGLE ADSENSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THERESA B. BRADLEY, Psy.D./JD, Plaintiff, v. GOOGLE, INC., GOOGLE ADSENSE, Defendants. Case No. C-06-05289-WHA DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT Date: Time: Dept: Judge: December 21, 2006 8:00 a.m. Courtroom 9 William H. Alsup August 28, 2006 Date Comp. Filed: Trial Date: TBD 384513.01 DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT CASE NO. C-06-05289-WHA Dockets.Justia.com Case 3:06-cv-05289-WHA Document 13 Filed 11/16/2006 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants Google, Inc. and Google AdSense ("Google") respectfully request that the Court take judicial notice, pursuant to Rule 201 of the Federal Rules of Evidence, of certain documents and information cited in support of its Motion to Dismiss Amended Complaint for Failure To State A Claim. I. REQUEST FOR JUDICIAL NOTICE Pursuant to Federal Rule of Evidence 201, Google requests that the Court take judicial notice of the following: (1) Google AdSense Online Standard Terms and Conditions. A true and correct copy of this web page is attached hereto as Exhibit A. (2) as Exhibit B. (3) as Exhibit C. Exhibits A-C are suitable for judicial notice pursuant to Federal Rule of Evidence 201(b). Under that rule, the Court may take judicial notice of any matter that is "not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Courts have relied on Fed. R. Evid. 201(b) to take judicial notice of information available through public websites. See Doron Precision Systems, Inc. v. FAAC, Inc., 423 F. Supp. 2d 173, 179 n.8 (S.D.N.Y. 2006) ("For purposes of a 12(b)(6) motion to dismiss, a court may take judicial notice of information publicly announced on a party's website, as long as the website's authenticity is not in dispute and it is capable of accurate and ready determination.") (quotations omitted); Wible v. Aetna Life Ins. Co., 375 F. Supp. 2d 956, 965-66 (C.D. Cal. 2005) (granting request for judicial notice of web pages). (4) Search results from the website of the California Secretary of State for queries on Gmail Terms of Use. A true and correct copy of this web page is attached hereto Google AdSense Tour. A true and correct copy of these web pages are attached "Google" and "Google AdSense." A true and correct copy of these search results are attached hereto as Exhibit D. 1 384513.01 DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT CASE NO. C-06-05289-WHA Case 3:06-cv-05289-WHA Document 13 Filed 11/16/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibits D is suitable for judicial notice pursuant to Federal Rule of Evidence 201(b) since it reflects the records of a state administrative body. See Interstate Nat. Gas Co. v. Southern California Gas Co., 209 F.2d 380, 385 (9th Cir. 1954) (courts may "take judicial notice of records and reports of administrative bodies"). Accordingly, this Court is entitled to take judicial notice of Exhibits A ­ D and Google requests that this Court take judicial notice of the exhibits identified above and attached hereto. Dated: November 16, 2006 KEKER & VAN NEST, LLP By: /s/ Andrew Shen ANDREW SHEN Attorneys for Defendants GOOGLE, INC., GOOGLE ADSENSE 2 384513.01 DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT CASE NO. C-06-05289-WHA

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