BRANNAN v. GEICO INDEMNITY COMPANY et al

Filing 128

ORDER that 101 Request for Judicial Notice filed by GOVERNMENT EMPLOYEES INSURANCE CO is GRANTED to the extent that the Court takes judicial notice of Fla. Stat. § 624.303 and the certified M-9 Form, attached to the motion as exhibits A and B. Notice of the M-9 Form is limited to the fact of filing with the Office of Insurance Regulation; signed by MAGISTRATE JUDGE GARY R JONES on 9/18/13. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
JAMES BRANNAN.,
Plaintiff,
v.

CASE NO. 1:12-cv-238-GRJ

GEICO INDEMNITY CO. and
GOVERNMENT EMPLOYEES
INSURANCE CO.,
Defendants.
_____________________________/
ORDER
Pending before the Court is Doc. 101, Defendant, Government Employees
Insurance Co.’s Request for Judicial Notice and Supporting Memorandum of Law.
Government Employees moves the Court, pursuant to Federal Rule of Evidence 201,
to take notice of Fla. Stat. § 624.303(3) and the State of Florida Office of Insurance
Regulation’s April 24, 2012 certification of the Government Employees Insurance
Company Form M-9 dated November 1996 on file with the Office of Insurance
Regulation. (Exh. 101, Exh A.) Plaintiff has filed a response in opposition. (Doc. 121.)
Defendant Government Employees has provided the Court with Fla. Stat. §
624.303(3):
Any written instrument purporting to be a copy of any action, proceeding, or
finding of fact by the department, commission, or office or any record of the
department, commission, or office or copy of any document on file in its
office when authenticated under hand of the respective agency head or his
or her designee by the seal shall be accepted by all the courts of this state
as prima facie evidence of its contents.
Government Employees has also presented an April 24, 2012, certification of the

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Government Employees Insurance Company Form M-9 by the State of Florida Office of
Insurance Regulation. The form is dated November 1996 and appears to be marked
“approved” as of January 30, 1997. The certification form is dated April 20, 2102, and
the Commissioner of the Office of Insurance Regulation has affixed his seal and
signature and certifies, pursuant to Fla. Stat. § 624.303, that the “Government
Employees Insurance Company Form M-9 Dated November 1996 from submitted form
filing log number 02-02405" was maintained in the regular course of business by the
Sate of Florida Office of Insurance Regulation. (Doc. 101, Exh. A.)
In his response in opposition to the request for judicial notice, Plaintiff contests
the validity of the M-9 Form and its compliance with Fla. Stat. § 627.727, and argues
that the “import and meaning” of the stamp on the M-9 Form is uncertain. Accordingly,
Plaintiff argues that to judicially notice the form would prejudice him. Alternatively,
Plaintiff argues that judicial notice should be expressly limited to the fact of filing only,
not the veracity of the M-9 Form’s contents or any perceived weight to be attributed to
the Office of Insurance Regulation’s stamp on the form. (Doc. 121.)
Federal Rule of Evidence 201 governs judicial notice of adjudicative facts and
provides that the court “must take judicial notice if a party requests it and the court is
supplied with the necessary information.” Fed. R. Evid. 201(c)(1). Judicial notice is
appropriate for facts that are “generally known within the trial court’s territorial
jurisdiction” or “can be accurately and readily determined from sources whose accuracy
cannot reasonably be questioned.” Id. at (b). The Court finds that, pursuant to Fed. R.
Evid. 201, it is appropriate to take judicial notice of Fla. Stat. § 624.303 and the certified
M-9 Form, which is a public record maintained by the Office of Insurance Regulation

Case No: 1-12-cv-238-GRJ

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during the regular course of business. Taking judicial notice of the form simply means
that the form is considered to be a true and correct copy of the form on file with the
Office of Insurance Regulation without the need to submit any further proof of its
authenticity. See Bryant v. Avado Brands, Inc., 187 F.3d 1271, 1278 (11th CIr. 1999)
(taking judicial notice of corporate documents filed with the Securities and Exchange
Commission).
Accordingly, upon due consideration, it is ORDERED:
Defendant Government Employee’s Request for Judicial Notice (Doc. 101) is
GRANTED to the extent that the Court takes judicial notice of Fla. Stat. § 624.303 and
the certified M-9 Form, attached to the motion as exhibits “A” and “B.” Notice of the M9 Form is limited to the fact of filing with the Office of Insurance Regulation.
DONE AND ORDERED this 18th day of September 2013.

s/ Gary R. Jones s/GaryR.Jone
GARY R. JONES
United States Magistrate Judge

Case No: 1-12-cv-238-GRJ