US Bank, NA v. Recovery Services Northwest, Inc.,

Filing 76

ORDER Denying without prejudice Defendant's 61 Motion for Judicial Notice. Signed by Magistrate Judge George Foley, Jr on 5/24/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK, N.A.,

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Plaintiff,
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vs.
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RECOVERY SERVICES NORTHWEST, INC.,
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d/b/a CUSTOM RECOVERY, et al.,
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Defendants.
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__________________________________________)

Case No.: 2:13-cv-01254-APG-GWF
ORDER

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This matter is before the Court on Defendant’s Motion for Judicial Notice (#61), filed on

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April 20, 2016. Plaintiff filed an Opposition (#66) on May 9, 2016 and Defendant filed a Reply

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(#72) on May 19, 2016.

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Defendant’s standalone motion requests that the Court take judicial notice of the

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adjudicative facts in four documents filed in the United States District Court for the District of

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Nevada, Case No. 2:11-cv-01055-JCM-CWH (“Underlying Action”) because they are relevant to

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this action. As Plaintiff points out in its response, Defendant’s motion does not explain for what

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purpose judicial notice is sought as it does not accompany another request or relief, such as a motion

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to dismiss or a motion for summary judgment. Without more than a blanket statement that these

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documents are relevant, the Court cannot and will not discern the necessity of judicial notice absent

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a corresponding motion for relief. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion for Judicial Notice (#61) is denied
without prejudice.
DATED this 24th day of May, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge