Andersen v. Young et al

Filing 18

Request for Judicial Notice filed by Maia Young, Stanford University. in support of 17 Motion Hearing set for 11/19/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Exhibit to Request for Judicial Notice)(Catz, Jason) (Filed on 8/31/2007) Modified on 9/10/2007 ,(counsel used incorrect event and failed to link to motion) (cv, COURT STAFF). Modified on 9/10/2007 (cv, COURT STAFF).

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Andersen v. Young et al Doc. 18 Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 1 of 3 1 2 3 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 PILLSBURY WINTHROP SHAW PITTMAN LLP SARAH G. FLANAGAN 70845 sarah.flanagan@pillsburylaw.com JASON A. CATZ 224205 jason.catz@pillsburylaw.com50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: (415) 983-1000 Facsimile: (415) 983-1200 Attorneys for Defendants STANFORD UNIVERSITY and MAIA YOUNG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) Plaintiff, ) ) vs. ) ) MAIA YOUNG, an individual; STANFORD ) UNIVERSITY, a business entity unknown; ) and DOES 1-100, inclusive, ) ) Defendant. ) ) ) SOREN ANDERSEN, No. C-07-03766 (JW) STANFORD UNIVERSITY'S AND MAIA YOUNG'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(1) AND (6) Date: Time: Dept.: Judge: November 19, 2007 9:00 a.m. Courtroom 8 Hon. James Ware Defendants STANFORD UNIVERSITY and MAIA YOUNG respectfully request that this Court take judicial notice of the following documents contained in the court files in the case entitled Andersen v. Young, Santa Clara County Superior Court Case No. 1-04-CV042734 ("State Court Action") and the appellate record for that case: 1. "First Amended Complaint for Defamation" (filed July 13, 2004), a court- certified copy of which is attached hereto as Exhibit A. 2. "Statement of Decision; Order" (filed August 31, 2004), a court-certified copy of which is attached hereto as Exhibit B. 700790340v1 -1- MOTION TO DISMISS Case No. C-07-03766 Dockets.Justia.com Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 2 of 3 1 2 3 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 3. Decision of Court of Appeal of the State of California, Sixth Appellate District in Case Nos. H029484 and H029742 (filed November 6, 2006), a court-certified copy of which is attached hereto as Exhibit C. 4. California Supreme Court's denial of Plaintiff's Petition for Review in Case No. S148839 (filed January 17, 2007), a court-certified copy of which is attached hereto as Exhibit D. 5. "Order Granting Motion for Attorneys' Fees Pursuant to CCP 425.16 On Remand" (filed June 22, 2007), a court-certified copy of which is attached as Exhibit E. Defendants' request for judicial notice is based upon Rule 201(b)(2) of the Federal Rules of Evidence, which allows courts to take judicial notice of facts "not subject to reasonable dispute" that are "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Rule 201(b)(2) allows judicial notice of court records of other cases. See Kourtis v. Cameron, 419 F.3d 989, 994 n.2 (9th Cir. 2005) (holding that court records from related proceedings can be taken into account without converting a motion to dismiss into a summary judgment motion); Shaw v. Hahn, 56 F.3d 1128, 1129 n.1 (9th Cir. 1995) (taking judicial notice of court records in connection with a motion to dismiss); MGIC Indemnity Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986) (taking judicial notice of pleading filed in separate action). 700790340v1 -2- MOTION TO DISMISS Case No. C-07-03766 Case 5:07-cv-03766-JW Document 18 Filed 08/31/2007 Page 3 of 3 1 2 3 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 Therefore, Defendants respectfully request that the Court take judicial notice of the above-entitled documents in this proceeding. Dated: August 31, 2007. PILLSBURY WINTHROP SHAW PITTMAN LLP SARAH G. FLANAGAN JASON A. CATZ 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 By /s/ Jason A. Catz Attorneys for Defendants STANFORD UNIVERSITY and MAIA YOUNG 700790340v1 -3- MOTION TO DISMISS Case No. C-07-03766

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