Frias v. Aetna Life Insurance Company
Filing
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ORDER Granting 28 Request for Judicial Notice, filed by Aetna Life Insurance Company, Trinet Employee Benefit Insurance Plan. Signed by Judge Thelton E. Henderson on 10/14/14. (tehlc2, COURT STAFF) (Filed on 10/14/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DEANNA FRIAS,
Plaintiff,
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v.
AETNA LIFE INSURANCE
COMPANY, et al.,
Case No. 14-cv-03146-TEH
ORDER GRANTING DEFENDANTS’
REQUEST FOR JUDICIAL NOTICE
Defendants.
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On October 6, 2014, Defendants Aetna Life Insurance Company and TriNet
United States District Court
Northern District of California
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Employee Benefit Insurance Plan requested (Docket No. 28) the Court to take judicial
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notice of two facts:
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1. The distance between the law office of Kantor & Kantor LLP, located at 19839
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Nordhoff Street, Northridge, California 91324 and the District Court for the Northern
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District of California located at 450 Golden Gate Avenue, San Francisco, California 94102
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is approximately 369 miles. The distance between the law office of Kantor & Kantor LLP,
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located at the same address as above, and the District Court for the District of Arizona
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located at 401 W. Washington St., Phoenix, Arizona 85003 is approximately 402 miles.
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2. United States Courts, Table C-1, U.S. District Courts - Civil Cases Commenced,
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Terminated, and Pending, During the 12-month Period Ending September 30, 2013,
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indicates that the Northern District of California had 5,553 cases pending as of September
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30, 2013, and the District of Arizona had 3,078 cases pending as of September 30, 2013.
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Federal Rule of Evidence 201 provides the standard for judicial notice of
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adjudicative facts. According to this Rule, a court may judicially notice “a fact that is not
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subject to reasonable dispute because it: (1) is generally known within the trial court’s
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territorial jurisdiction; or (2) can be accurately and readily determined from sources whose
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accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). The scope of noticeable
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facts includes “court filings and other matters of public record.” Reyn’s Pasta Bella, LLC
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v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006). “Moreover, a court may take
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judicial notice of records and reports of administrative bodies.” Mack v. South Bay Beer
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Distributors, Inc., 798 F.2d 1279, 1282 (9th Cir. 1986) (internal quotation marks omitted).
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Judicial notice may be taken at any stage of the proceeding. Fed. R. Evid. 201(d).
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The facts that Defendants request the Court to judicially notice are beyond dispute
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because they can be accurately and readily determined from sources whose accuracy
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cannot reasonably be questioned. The first fact, addressing the distance between Kantor &
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Kantor LLP’s Northridge office and the District Courthouses of the Northern District of
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California and the District of Arizona, can be verified through reference to any map. The
second fact, addressing the pending caseloads of the Northern District of California and the
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United States District Court
Northern District of California
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District of Arizona, can be verified through reference to the Statistical Tables of the United
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States Courts, provided on the United States Courts’ website and attached to Defendants’
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motion. Both sources meet the requirements of Federal Rule of Evidence 201.
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Accordingly, the Court hereby GRANTS Defendants’ request that the Court take
judicial notice of the aforementioned facts.
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IT IS SO ORDERED.
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Dated: 10/14/14
_____________________________________
THELTON E. HENDERSON
United States District Judge
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