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