Summerfield et al v. Strategic Lending Corporation et al

Filing 65

ORDER DENYING 61 Plaintiffs' Request for Judicial Notice filed by Arthur Summerfield, Rita Summerfield, Ed Summerfield. Signed by Magistrate Judge Howard R. Lloyd on 06/17/2010. (hrllc1, COURT STAFF) (Filed on 6/17/2010)

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** E-filed June 17, 2010 **

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ED SUMMERFIELD, ARTHUR SUMMERFIELD, and RITA SUMMERFIELD, v. Plaintiffs, No. C09-02609 HRL ORDER DENYING PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE [Re: Docket No. 61]

United States District Court

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For the Northern District of California

STRATEGIC LENDING CORPORATION, ALI WEICHLER, LEONARDO AGUSTIN, ERIC SWENSEN, and DOES 1-30, Defendants. ____________________________________/ On June 14, 2010, Plaintiffs Ed, Arthur, and Rita Summerfield ("Plaintiffs") filed a request that this Court take judicial notice of two purported email communications between Plaintiffs' counsel and counsel for defendant Ali Weichler ("Weichler"). (Docket No. 61.) A court may take judicial notice of facts that are not subject to reasonable dispute. Fed. R. Evid. 201. Such facts include matters of public record, Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001), and legislative history, Hunt v. Check Recovery Sys., Inc., 478 F. Supp. 2d 1157, 1160 (N.D. Cal. 2007). As such, the court declines to take judicial notice of communications between Plaintiffs' counsel and Weichler's counsel because these documents are subject to reasonable dispute. IT IS SO ORDERED. Dated: June 17, 2010
UNITED STATES MAGISTRATE JUDGE

HOWARD R. LLOYD

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C09-02609 HRL Notice will be electronically mailed to: Jonathan Harold Miller Russell Alan Robinson Vincent J. Kilduff [e-mail] [e-mail], [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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