State of California et al v. Trump et al

Filing 136

Second Supplemental Request for Judicial Notice re 59 MOTION for Preliminary Injunction filed byCommonwealth of Massachusetts, Commonwealth of Virginia, Dana Nessel, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Wisconsin. (Attachments: # 1 Exhibit Exhibits 54 & 55)(Related document(s) 59 ) (Zahradka, James) (Filed on 5/10/2019) Modified on 5/13/2019 (cpS, COURT STAFF).

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
LEE I. SHERMAN
JANELLE M. SMITH
JAMES F. ZAHRADKA II (SBN 196822)
Deputy Attorneys General
1515 Clay Street, 20th Floor
Oakland, CA 94612
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STATE OF CALIFORNIA et al.;

Case No. 4:19-cv-00872-HSG

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v.
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Plaintiffs, SECOND SUPPLEMENTAL REQUEST
FOR JUDICIAL NOTICE IN SUPPORT
OF PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

DONALD J. TRUMP, in his official
capacity as President of the United States of
America et al.;

Date:
Time:
Dept:
Judge:

May 17, 2019
10:00 a.m.
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The Honorable Haywood S.
Defendants.
Gilliam, Jr.
Trial Date:
None Set
Action Filed: February 18, 2019

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Second Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)

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Plaintiffs hereby respectfully request, pursuant to Federal Rule of Evidence 201, that this

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Court take judicial notice of the following documents:

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

Attached hereto as Exhibit 54 is a true and correct copy of a May 8, 2019, letter from the

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Office of the New Mexico Commissioner of Public Lands to U.S. Customs and Border

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Protection. As of May 9, 2019, the letter is posted on the Commissioner Office’s website at

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http://www.nmstatelands.org/uploads/files/CBP%20Comment%20Letter%205_8_19.pdf.

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

Attached hereto as Exhibit 55 is a true and correct copy of a report published by the Treasury

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Executive Office for Asset Forfeiture entitled “Congressional Budget

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Justification and Annual Performance Report and Plan FY 2020.” As of May 9, 2019, the

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complete report is posted on the Department of Treasury’s website at

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https://home.treasury.gov/system/files/266/19.-TEOAF-FY-2020-CJ.pdf.

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These exhibits are matters of public record and therefore subject to judicial notice. Fed. R.

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Evid. 201(b); Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001) (a court may

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judicially notice matters of public record unless the matter is a fact subject to reasonable dispute).

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These exhibits are judicially noticeable because government memoranda, bulletins, letters,

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statements and opinions are matters of public record appropriate for judicial notice. See Brown v.

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Valoff, 422 F.3d 926, 933 n.9 (9th Cir. 2005) (judicially noticing an administrative bulletin);

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Mack v. S. Bay Beer Distribs., Inc., 798 F.2d 1279, 1282 (9th Cir. 1986) (court may take judicial

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notice of records and reports of state administrative bodies), overruled on other grounds by

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Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104, 111 (1991); Interstate Nat. Gas. Co. v.

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S. Cal. Gas. Co., 209 F.2d 380, 385 (9th Cir. 1953) (judicially noticing government agency

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records and reports); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497, 520 nn.5, 8, 11 (N.D.

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Cal. 2017) (taking judicial notice of government memoranda and letters).

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These exhibits are also judicially noticeable because they are posted on official government

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websites. See Daniels–Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998–99 (9th Cir. 2010) (judicially

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noticing information contained on a government website); Paralyzed Veterans of America v.

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McPherson, No. C 06–4670 SBA, 2008 WL 4183981, at *5 (N.D. Cal. Sept. 9, 2008) (finding

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that courts commonly take judicial notice of information and documents on government websites,
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Second Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)

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citing cases from various jurisdictions). Thus, the statements of government departments and

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agencies contained within this exhibit are not subject to reasonable dispute, as the statements “can

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be accurately and readily determined from sources whose accuracy cannot reasonably be

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questioned.” Fed. R. Evid. § 201(b)(2).

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Dated: May 10, 2019

Respectfully Submitted,
XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
LEE I. SHERMAN
JANELLE M. SMITH

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/s/ James F. Zahradka II
JAMES F. ZAHRADKA II
Deputy Attorneys General
Attorneys for Plaintiff State of California

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Second Suppl. Req. for Judicial Notice in Supp. of Mot. For Prelim. Inj. (4:19-cv-00872-HSG)