Video Software Dealers Association et al v. Schwarzenegger et al

Filing 72

Request for Judicial Notice filed byArnold Schwarzenegger, Bill Lockyer. (Attachments: # 1 Exhibit 2# 2 Exhibit 1# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Morazzini, Zackery) (Filed on 3/30/2006)

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Video Software Dealers Association et al v. Schwarzenegger et al Doc. 72 Case 5:05-cv-04188-RMW Document 72 Filed 03/30/2006 Page 1 of 3 1 BILL LOCKYER Attorney General of the State of California 2 LOUIS R. MAURO Senior Assistant Attorney General 3 CHRISTOPHER E. KRUEGER Supervising Deputy Attorney General 4 SUSAN L. LEACH Deputy Attorney General 5 ZACKERY P. MORAZZINI, State Bar No. 204237 Deputy Attorney General 1300 I Street, Suite 125 6 P.O. Box 944255 Sacramento, CA 94244-2550 7 Telephone: (916) 445-8226 Fax: (916) 324-5567 8 Email: Zackery.Morazzini@doj.ca.gov 9 Attorneys for Defendants Governor Arnold 10 Schwarzenegger and Attorney General Bill Lockyer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Pursuant to Rule 201 of the Federal Rules of Evidence, defendants Governor Arnold N THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS ASSOCIATION and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney, RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose, and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara, Defendants. C 05 4188 RMW RS GOVERNOR AND ATTORNEY REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Hearing: May 12, 2006 Time: 9:00 a.m. Courtroom: 6 Judge: The Honorable Ronald M. Whyte 28 Schwarzenegger and Attorney General Bill Lockyer respectfully request the Court take judicial RJN Video Software Dealers Association, et al. v. Schwarzenegger, et al. C 05 4188 RMW RS 1 Dockets.Justia.com Case 5:05-cv-04188-RMW Document 72 Filed 03/30/2006 Page 2 of 3 1 notice of the following materials, true and correct copies of which are attached hereto as Exhibits 2 1-7: 3 4 1. Senate Judiciary Committee analysis of AB 1179 for September 8, 2005 hearing; 2. Senate Rules Committee, Office of Floor Analyses analysis of AB 1179 on September 5 23, 2005; 6 7 8 9 10 11 3. Senate Floor role call for AB 1179 on September 8, 2005; 4. Assembly Floor Concurrence in Senate Amendments of AB 1179 on September 8, 2005; 5. Assembly Floor role call for AB 1179 on September 8, 2005; 6. Complete Bill History for AB 1179; 7. Complete Bill History for AB 450. True and correct copies of each item were obtained from the State of California's 12 Legislative Counsel's web site on November 8, 2005. See http://www.leginfo.ca.gov. The 13 legislative history of statutes "constitute judicial facts sufficiently capable of accurate and ready 14 determination" and are properly subject to judicial notice. Palmer v. Stassinos, 348 F. Supp. 2d 15 1070, 1077 (N.D. Cal. 2004). 16 Defendants further request that judicial notice be take of Appendices A - E, served, lodged 17 and filed with the Court by defendants on November 9, 2005. Each Appendix contains true and 18 correct copies of materials from the legislative files of the California State Assembly and Senate 19 regarding Assembly Bills 450 and 1179. See Declaration of Zackery P. Morazzini, submitted 20 concurrently herewith and incorporated herein by this reference. In the interest of judicial 21 economy, duplicate copies of the Appendices will not be re-lodged with the Court or re-served 22 on the parties. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// RJN Video Software Dealers Association, et al. v. Schwarzenegger, et al. C 05 4188 RMW RS 2 Case 5:05-cv-04188-RMW Document 72 Filed 03/30/2006 Page 3 of 3 1 These materials "constitute judicial facts sufficiently capable of accurate and ready 2 determination" and are properly subject to judicial notice. Palmer, supra, 348 F. Supp. 2d at p. 3 1077. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RJN Video Software Dealers Association, et al. v. Schwarzenegger, et al. C 05 4188 RMW RS Dated: March 30, 2006 Respectfully submitted, BILL LOCKYER Attorney General of the State of California LOUIS R. MAURO Senior Assistant Attorney General CHRISTOPHER E. KRUEGER Supervising Deputy Attorney General SUSAN L. LEACH Deputy Attorney General /s/ Zackery P. Morazzini ZACKERY P. MORAZZINI Deputy Attorney General Attorneys for Defendants Governor Arnold Schwarzenegger and Attorney General Bill Lockyer 3

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