Allen v. Radio Shack Corporation et al

Filing 61

ORDER RE REQUEST FOR JUDICIAL NOTICE AND ERRATA re 45 Reply to Opposition/Response filed by Frank Allen, 52 Errata filed by Frank Allen (whalc2, COURT STAFF) (Filed on 12/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANK ALLEN,

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For the Northern District of California

United States District Court

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No. C 11-03110 WHA

Plaintiff,
v.

ORDER RE REQUEST FOR
JUDICIAL NOTICE AND
ERRATA (DKT. NOS. 45 AND 52)

RADIO SHACK CORPORATION,
Defendant.
/

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Plaintiff Frank Allen has filed a request for judicial notice and errata thereto in

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connection with his opposition to defendant Radio Shack Corporation’s motion for summary

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judgment (Dkt. Nos. 45 and 52). Defendant has objected that judicial notice cannot be taken of

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“proceedings or records in another cause so as to supply, without formal introduction of

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evidence, facts essential to support a contention in a cause then before it.” M/V Am. Queen v.

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San Diego marine Constr. Corp., 708 F.2d 1483, 1491 (9th Cir. 1983). Plaintiff must file a

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sworn attorney declaration properly authenticating the documents. Plaintiff is requested to

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maintain the designations of exhibits as previously marked (e.g., leave blank placeholders for

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any exhibit not filed in accordance with this order). Plaintiff’s filing is due by Thursday,

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DECEMBER 13 AT NOON.

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IT IS SO ORDERED.

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Dated: December 12, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE