Perry et al v. Schwarzenegger et al

Filing 335

Request for Judicial Notice re #334 Response in Support of Request for Order Permitting Television Coverage of The Trial and Declaration of Thomas R. Burke filed byMedia Coalition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part One, #5 Exhibit D, Part Two, #6 Exhibit E)(Related document(s) #334 ) (Burke, Thomas) (Filed on 12/31/2009)

Perry et al v. Schwarzenegger et al

Doc. 335

Case3:09-cv-02292-VRW Document335

Filed12/31/09 Page1 of 5

1 2 3 4 5 6 7 8 9 10

THOMAS R. BURKE (State Bar No. 141930) JEFF GLASSER (State Bar No. 252596) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111-6533 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]; [e-mail] Attorneys for Non-Party Media Coalition ABC NEWS; KGO TV; KABC TV; CABLE NEWS NETWORK; IN SESSION (formerly known as "COURT TV"); FOX NEWS; NBC UNIVERSAL, INC.; CBS NEWS; HEARST CORPORATION; DOW JONES & COMPANY, INC.; THE ASSOCIATED PRESS; and NORTHERN CALIFORNIA CHAPTER OF RADIO & TELEVISION NEWS DIRECTORS ASSOCIATION UNITED STATES DISTRICT COURT

DAVIS WRIGHT TREMAINE LLP

11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) ) Plaintiffs, ) ) vs. ) ) ARNOLD SCHWARZENEGGER, in his official ) capacity as governor of California; EDMUND G. ) BROWN, JR., in his official capacity as attorney ) general of California; MARK B. HORTON, in his ) official capacity as director of the California ) Department of Public Health and state registrar of vital statistics; LINETTE SCOTT, in her official ) capacity as deputy director of health information & ) strategic planning for the California Department of ) Public Health; PATRICK O'CONNELL, in his ) official capacity as clerk-recorder of the County of ) Alameda; and DEAN C. LOGAN, in his official ) capacity as registrar-recorder/county clerk for the ) County of Los Angeles, ) ) Defendants ) DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, ) MARTIN F. GUTIERREZ, HAKSHING WILLIAM ) TAM, and MARK A. JANSSON, as official ) proponents of Proposition 8, ) ) Defendant-Intervenors. ) )
KRISTIN PERRY; SANDRA B. STIER; PAUL T. KATAMI; JEFFREY J. ZARRILLO,
REQUEST FOR JUDICIAL NOTICE Case No.: C 09-2292 DWT 13748550v1 0050033-000045

Case No. C 09-2292 Assigned to the Hon. Vaughn R. Walker NON-PARTY MEDIA COALITION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REQUEST FOR ORDER PERMITTING TELEVISION COVERAGE OF THE TRIAL; DECLARATION OF THOMAS R. BURKE WITH EXHIBITS A-E Date: 10 a.m. Time: January 6, 2010 Ctrm.: 6

Dockets.Justia.com

Case3:09-cv-02292-VRW Document335

Filed12/31/09 Page2 of 5

1 2 3 4 5 6 7 8 9 10

The Non-Party Media Coalition respectfully requests that the Court take judicial notice of the following documents pursuant to Federal Rule of Evidence 201: 1. The December 17, 2009 press release titled "Ninth Circuit Judicial Council

Approves Experimental Use of Cameras in District Courts." A true and correct copy of the press release is attached as Exhibit A. 2. The Final Report of the Subcommittee on Free Press-Fair Trial submitted January

5, 1967 by the California Assembly Interim Committee on the Judiciary. A true and correct copy of the Assembly committee's Final Report is attached as Exhibit B. 3. The Report and Supplemental Report issued in 1994 by the Federal Judicial Center

and titled "Electronic Media Coverage of Federal Civil Proceedings: An Evaluation of the Pilot Program in Six District Courts and Two Courts of Appeal." True and correct copies of the Federal Judicial Center Report and Supplemental Report are attached as Exhibit C. 4. The 1981 Evaluation of California's Experiment With Extended Media Coverage

DAVIS WRIGHT TREMAINE LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of Courts commissioned by the Judicial Council of California. A true and correct copy of the Evaluation is attached as Exhibit D. 5. The 1996 Final Report from the Task Force on Photographing, Recording and

Broadcasting in the Courtroom commissioned by the Judicial Council of California. A true and correct copy of the Task Force Final Report is attached as Exhibit E.

1
REQUEST FOR JUDICIAL NOTICE Case No.: C 09-2292 DWT 13748550v1 0050033-000045

Case3:09-cv-02292-VRW Document335

Filed12/31/09 Page3 of 5

1 2 3 4 5 6 7 8 9 10

MEMORANDUM OF POINTS AND AUTHORITIES Federal Rule of Evidence 201(b) authorizes this Court to take judicial notice of any fact that is "not subject to reasonable dispute in that it is ... capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Federal courts have recognized that "[p]ublic records and government documents are generally considered not to be subject to reasonable dispute," including public records downloaded from the Internet. United States ex rel. Dingle, et al. v. Bioport Corp., 270 F. Supp. 2d 968, 972 (W.D. Mich. 2003) (internal quotation marks omitted); see also Barron v. Reich, 13 F.3d 1370, 1377 (9th Cir. 1994) ("Records and reports of administrative bodies .... clearly constitute" materials of which "the court may take judicial notice"); Jimenez v. Domino's Pizza, 238 F.R.D. 241, 246 (2006) (stating that "[a] court may ... take judicial notice of the contents of public records" as well as "[t]he content of records and reports of administrative bodies"). In this case as in the above ones, Exhibits A-E contain records and reports issued by public administrative agencies (the Judicial Council of the Ninth Circuit, the Federal Judicial Center and the Judicial Council of California) and the Legislature (Assembly Interim Committee on the Judiciary). Accordingly, the Media Coalition respectfully requests that the Court take judicial notice of these public records and reports.

DAVIS WRIGHT TREMAINE LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: December 31, 2009

DAVIS WRIGHT TREMAINE LLP THOMAS R. BURKE JEFF GLASSER By: :

/s/
Thomas R. Burke

Attorneys for Non-Party Media Coalition ABC NEWS; KGO TV; KABC TV; CABLE NEWS NETWORK; IN SESSION (formerly known as "COURT TV"); FOX NEWS; NBC UNIVERSAL, INC.; CBS NEWS; HEARST CORPORATION; DOW JONES & COMPANY, INC.; THE ASSOCIATED PRESS; and NORTHERN CALIFORNIA CHAPTER OF RADIO & TELEVISION NEWS DIRECTORS ASSOCIATION 2
REQUEST FOR JUDICIAL NOTICE Case No.: C 09-2292 DWT 13748550v1 0050033-000045

Case3:09-cv-02292-VRW Document335

Filed12/31/09 Page4 of 5

1 2 3 4 5 6 7 8 9 10

DECLARATION OF THOMAS R. BURKE I, Thomas R. Burke, declare: 1. I am an attorney admitted to practice before all the courts of the State of California

and before this Court. I am an a partner in the law firm of Davis Wright Tremaine LLP ("DWT"), and am representing the non-party Media Coalition in this matter. The facts stated below are true of my own personal knowledge, and, if called to testify, I could and would competently testify thereto. 2. Attached as Exhibit A is a true and correct copy of the December 17, 2009 press

release titled "Ninth Circuit Judicial Council Approves Experimental Use of Cameras in District Courts." I downloaded a copy of the press release from http://www.ce9.uscourts.gov/cm/articlefiles/137-Dec17_Cameras_Press%20Relase.pdf . 3. Attached as Exhibit B is a true and correct copy of The Final Report of the

DAVIS WRIGHT TREMAINE LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Subcommittee on Free Press-Fair Trial submitted January 5, 1967 by the California Assembly Interim Committee on the Judiciary. 4. Attached as Exhibit C is a true and correct copy of The Report and Supplemental

Report issued in 1994 by the Federal Judicial Center and titled "Electronic Media Coverage of Federal Civil Proceedings: An Evaluation of the Pilot Program in Six District Courts and Two Courts of Appeal." 5. Attached as Exhibit D is a true and correct copy of The 1981 Evaluation of

California's Experiment With Extended Media Coverage of Courts commissioned by the Judicial Council of California. 6. Attached as Exhibit E is a true and correct copy of The 1996 Final Report from the

Task Force on Photographing, Recording and Broadcasting in the Courtroom commissioned by the Judicial Council of California.

3
REQUEST FOR JUDICIAL NOTICE Case No.: C 09-2292 DWT 13748550v1 0050033-000045

Case3:09-cv-02292-VRW Document335

Filed12/31/09 Page5 of 5

1 2 3 4 5 6 7 8 9 10

I declare under penalty of perjury that the following is true and correct and that this declaration was executed on December 31, 2009 at San Francisco, California.

/s/
Thomas R. Burke

DAVIS WRIGHT TREMAINE LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
REQUEST FOR JUDICIAL NOTICE Case No.: C 09-2292 DWT 13748550v1 0050033-000045