DJS One, Inc. v. Federal Deposit Insurance Corporation

Filing 40

ORDER granting 35 Motion to Take Judicial Notice. Under Fed. R. Evid. 201, the court TAKES JUDICIAL NOTICE of the orders of the District Court of Gunnison County, Colorado attached to the motion [#35] as Exhibits A, B, C, and D [#35-1, #35-2, #35 -3, and #35-4], the order of the Colorado Court of Appeals attached to the motion [#35] as Exhibit F [#35-5]; and the order of the United States Court of Appeals for the Tenth Circuit attached to the motion [#35] as Exhibit H [#35-7]. By Judge Robert E. Blackburn on 3/11/2015.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00980-REB-KMT
DJS ONE, INC., a Colorado corporation,
Plaintiff,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for COMMUNITY
BANKS OF COLORADO,
Defendant.

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE
Blackburn, J.
This matter is before me on the Motion Requesting Court To Take Judicial
Notice [#35]1 filed December 29, 2014. No response or reply was filed. I grant the
motion.
In the motion, the defendant asks the court to take judicial notice of the following
orders: (1) the order [#35-5] entered on December 12, 2014, by the Colorado Court of
Appeals dismissing an appeal in NBH Bank, N.A. v. Nevada Ridge LLC, Colorado
Court of Appeals Case No. 2014CA1303, attached to the motion as Exhibit F; (2) an
order [#35-7] entered on August 18, 2014, by the United States Court of Appeals for the
Tenth Circuit in consolidated case nos. 13-1525, 13-1536, & 14-1021, attached to the
motion as Exhibit H.

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“[#35]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

The defendant discusses also four orders of the District Court of Gunnison
County, Colorado, attached to the motion as Exhibits A through D. The orders of the
district court were entered in two related cases. One of those cases is the subject of the
order of the Colorado Court of Appeals. The order of the court of appeals made final
the orders of the district court in the underlying. Implicitly, the defendant asks the court
to take judicial notice of the district court orders as well.
Under Federal Rule of Evidence 201(b)(2), the court may take judicial notice of a
fact that is not subject to reasonable dispute because “it can be accurately and readily
determined from sources whose accuracy cannot reasonably be questioned.” Judicial
notice is mandatory when it is requested by a party and the court is supplied with the
necessary information. Fed. R. Evid. 201(c)(2) (2014). Here, the court has been
supplied with the necessary information, there is no objection to the court taking judicial
notice of the court orders at issue, and it is proper for this court to take judicial notice of
orders of courts of the State of Colorado. The form and content of these orders are
matters of public record readily accessible to this court and both of the parties.
THEREFORE, IT IS ORDERED as follows:
1. That the Motion Requesting Court To Take Judicial Notice [#35] filed
December 29, 2014, is GRANTED;
2. That under Fed. R. Evid. 201, the court TAKES JUDICIAL NOTICE of the
orders of the District Court of Gunnison County, Colorado attached to the motion [#35]
as Exhibits A, B, C, and D [#35-1, #35-2, #35-3, and #35-4];

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3. That under Fed. R. Evid. 201, the court TAKES JUDICIAL NOTICE of the
order of the Colorado Court of Appeals attached to the motion [#35] as Exhibit F [#355]; and
4. That under Fed. R. Evid. 201, the court TAKES JUDICIAL NOTICE of the
order of the United States Court of Appeals for the Tenth Circuit attached to the motion
[#35] as Exhibit H [#35-7].
Dated March 11, 2015, at Denver, Colorado.
BY THE COURT:

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