Anderson v. Duran et al

Filing 245

ORDER DENYING REQUEST TO TAKE JUDICIAL NOTICE. Signed by Judge Richard Seeborg on 9/16/14. (cl, COURT STAFF) (Filed on 9/16/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JOHN P. ANDERSON,

Case No. 13-cv-04825-RS

Plaintiff,
8
v.

ORDER DENYING REQUEST TO
TAKE JUDICIAL NOTICE

9
10

JACK DURAN, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13

Defendants Reggie Lewis, Chance Alberta, Carl Bushman, Irene Waltz, Lynn Chenot,

14

David Castillo, and Melvin Espe, individually and on behalf of the Tribal entities the Picayune

15

Rancheria of the Chukchansi Indians, Chukchansi Economic Development Authority, and the

16

Chukchansi Indians Housing Authority, have submitted a Request for Judicial Notice of certain

17

facts and public documents, particularly the 2014 Mediation Agreement. The request is denied.

18

Rule 408 of the Federal Rules of Evidence provides that evidence of conduct or statements made

19

during settlement negotiations is not admissible either to prove or disprove the validity of a

20

disputed claim, subject to certain exceptions. Defendants have not set forth any permissible use of

21

this evidence. Their request is therefore denied as the proffered material is inadmissible under the

22

Federal Rules of Evidence.

23
24
25
26
27
28

IT IS SO ORDERED.
Dated: September 16, 2014
______________________________________
_______________________________ ______
_
_
_____
RICHARD SEEBORG
United States District Judge