Federated Life Insurace Company v. Fifth Third Bank et al

Filing 111

ORDER granting #109 of Fifth Third's Motion for Judicial Notice. The Court will take judicial notice of Docs. 109-1 through 109-5 in considering the Motion to Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69). Signed by Magistrate Judge Carol Mirando on 1/31/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERATED LIFE INSURACE
COMPANY,
Plaintiff,
v.

Case No: 2:14-cv-568-FtM-38CM

FIFTH THIRD BANK, ROBERT E.
TARDIF, FLORIDA PETROLEUM
COMPANY LLC, EVANS ENERGY
PARTNERS LLC, KC
TRANSPORTATION LLC, E2
REAL ESTATE LLC and EVANS
OKEECHOBEE LLC,
Defendants.
ORDER
This matter comes before the Court upon review of Fifth Third’s Motion for
Judicial Notice (Doc. 109) filed on December 19, 2016.

Fifth Third requests the

Court to take judicial notice of five filings from the docket in the United States
Bankruptcy Court for the Middle District of Florida in Case Number 9:11-bk-01515FMD. The filings are attached to the motion. Docs. 109-1 through 109-5. No party
has filed a response in opposition and the time to do so has expired.
Rule 201 of the Federal Rules of Evidence permits a court to take judicial notice
of facts that are “not subject to reasonable dispute” because they are either generally
known within the trial court’s territorial jurisdiction” or “can be accurately and
readily determined from sources whose accuracy cannot reasonably be questioned.”
Fed. R. Evid. 201(b). A court must take judicial notice if a party requests it and

supplies the court with the necessary information. Fed. R. Evid. 201(c)(2). A court
may take judicial notice of publicly filed documents in court proceedings. See e.g.,

U.S. ex rel. Osheroff v. Humana Inc., 776 F.3d 805, 812 n. 4 (11th Cir. 2015); United
States v. Jones, 29 F.3d 1549, 1553 (11th Cir. 1994) (“[A] court may take judicial
notice of a document filed in another court not for the truth of the matters asserted
in the other litigation, but rather to establish the fact of such litigation and related
filings.”) (citation omitted).
ACCORDINGLY, it is hereby
ORDERED:
Fifth Third’s Motion for Judicial Notice (Doc. 109) is GRANTED. The Court
will take judicial notice of Docs. 109-1 through 109-5 in considering the Motion to
Intervene as Defendant, Reopen Interpleader, and Set Aside Judgment (Doc. 69).
DONE and ORDERED in Fort Myers, Florida on this 31st day of January,
2017.

Copies:
Counsel of record

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