Bastidas v. Good Samaritan Hospital LP et al

Filing 153

ORDER GRANTING REQUEST FOR JUDICIAL NOTICE (Illston, Susan) (Filed on 3/16/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 J. AUGUSTO BASTIDAS, Case No. 13-cv-04388-SI Plaintiff, 8 v. ORDER GRANTING REQUEST FOR JUDICIAL NOTICE 9 GOOD SAMARITAN HOSPITAL LP, et al., 11 United States District Court Northern District of California 10 Defendants. Re: Dkt. No. 145 12 13 The Court recently granted in part a motion to dismiss filed by defendants Good Samaritan 14 Hospital, L.P., Samaritan, LLC, Good Samaritan Hospital Medical Staff, Steven M. Schwartz 15 M.D., and Bruce G. Wilbur M.D. (collectively, “defendants”). 16 requested that this Court take judicial notice of two documents in support of their motion to 17 dismiss: (1) a true and correct copy of the Judicial Review Committee Decision and Report in the 18 Matter of J. Augusto Bastidas, M.D., dated September 11, 2012 (“JRC Decision”), and (2) a true 19 and correct copy of the Good Samaritan Hospital Medical Staff Bylaws, dated January 2011 20 (“Medical Staff Bylaws”). Dkt. No. 145. Dkt. No. 152. Defendants 21 The JRC Decision was originally filed by plaintiff under seal in this action at Docket No. 22 121-14. The opposition motion accompanying this document was rendered moot, however, 23 following this Court’s denial of defendants’ motion for summary judgment. Dkt. No. 139. The 24 current request by defendants maintains the confidentiality of the JRC Decision, and plaintiff has 25 not opposed the Court’s taking judicial notice of either document. Dkt. No. 145. 26 The Court finds that plaintiff has incorporated both documents by reference in his Fourth 27 Amended Complaint (“4AC”), and the contents of the documents are not subject to reasonable 28 dispute. Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir. 2005) (“We have extended the 1 ‘incorporation by reference’ doctrine to situations in which the plaintiff’s claim depends on the 2 contents of a document, the defendant attaches the document to its motion to dismiss, and the 3 parties do not dispute the authenticity of the document, even though the plaintiff does not 4 explicitly allege the contents of that document in the complaint.”). This request is accordingly 5 GRANTED. 6 7 8 9 10 IT IS SO ORDERED. Dated: March 16, 2016 ______________________________________ SUSAN ILLSTON United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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