Anderson et al v. Ford Motor Company et al

Filing 489

MEMORANDUM DECISION and ORDER granting #391 Motion in Limine. Signed by Judge Ted Stewart on 9/16/2014. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ARVA ANDERSON,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANT’S
MOTION IN LIMINE SEEKING
JUDICIAL NOTICE OF FEDERAL
REGISTER DOCUMENTS

Plaintiff,
v.
FORD MOTOR COMPANY, et al.,
Defendants.

Case No. 2:06-CV-741 TS
District Judge Ted Stewart
This matter is before the Court on Defendant Flowserve Corporation’s (f/k/a Durco
International, Inc.) Motion in Limine Seeking Judicial Notice of Federal Register Documents
(Docket No. 391). For the reasons set forth below, the Court will grant Defendant’s Motion.
Defendant seeks to have the Court take judicial notice of 55 Fed. Reg. 5144 published by
the Environmental Protection Agency (“EPA”), which is attached to Docket No. 391 as Exhibit
A. Plaintiff has not responded to Defendant’s Motion.
Federal Rule of Evidence 201(b)(2) defines a judicially noticeable fact as “one that . . .
can be accurately and readily determined from sources whose accuracy cannot reasonably be
questions.” The pertinent section of which Defendant would like the Court to take judicial notice
includes “summaries of the information submitted to EPA by manufactures and processors of
certain asbestos products in accordance with the Asbestos Information Act of 1988.” 1 The Court

1

Asbestos; Publication of Identifying Information, 55 Fed. Reg. 5144 (Feb. 13, 1990).

1

will take judicial notice that the Federal Register contains information submitted to the EPA in
compliance with the Asbestos Information Act of 1988.
It is therefore
ORDERED that Defendant Flowserve Corporation’s (f/k/a Durco International, Inc.)
Motion in Limine Seeking Judicial Notice of Federal Register Documents (Docket No. 391) is
GRANTED as set forth above.
DATED this 16th day of September, 2014.

BY THE COURT:

Ted Stewart
United States District Judge

2