Hartford Casualty Insurance Company v. Fireman's Fund Insurance Company et al

Filing 57

ORDER ON JUDICIAL NOTICE (Illston, Susan) (Filed on 1/13/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

HARTFORD CASUALTY INSURANCE
COMPANY,
Plaintiff,

8
9

Case No. 15-cv-02592-SI
ORDER ON JUDICIAL NOTICE

v.

Re: Dkt. No. 45
10
11

FIREMAN'S FUND INSURANCE
COMPANY, et al.,

United States District Court
Northern District of California

Defendants.
12
13

Fireman’s Fund Insurance Company filed a motion to dismiss Hartford Casualty Insurance

14

Company’s second amended complaint (“SAC”). See Dkt. 44. In support of its motion Fireman’s

15

filed a request for judicial notice. Dkt. 45. Fireman’s requests that the Court take judicial notice

16

of a certified copy of the Limited Liability Company Articles of Incorporation of Herndon

17

Partners, LLC, filed in the office of the Secretary of State of California on April 9, 2003. See id.

18

Federal Rule of Evidence 201 permits a court to take judicial notice of facts “not subject to

19

reasonable dispute . . . .” Fed. R. Evid. 201. While “a court may take judicial notice of the

20

existence of matters of public record, such as a prior order or decision,” it should not take notice of

21

“the truth of the facts cited therein.” Marsh v. San Diego Cnty., 432 F. Supp. 2d 1035, 1043 (S.D.

22

Cal. 2006) (citations omitted). This Court will accordingly take judicial notice of the existence of

23

this filing, as it is not subject to reasonable dispute.

24
25
26
27
28

IT IS SO ORDERED.
Dated: January 13, 2016
______________________________________
SUSAN ILLSTON
United States District Judge