Free Response in Opposition to Motion - District Court of California - California

Case 3:08-cv-00037-H-WMC

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1 DANZ & GERBER STEPHEN F. DANZ SBN 68318 2 13418 VENTURA BOULEVARD SHERMAN OAKS, CA. 91423 3 TEL: (818) 783-7300 FAX: (818) 995-7159 4 DANZ & GERBER MARCUS JACKSON SBN 205792 5 1550 HOTEL CIRCLE NORTH, SUITE 170 SAN DIEGO, CA. 92108 6 TEL: (619) 297-9400 FAX: (619) 297-9444 7 Attorney for Plaintiff JAMES RICHARD STIEFEL 8 9 10 11 12 JAMES RICHARD STIEFEL, an individual; 13 14 v. 15 BECHTEL CORPORATION, a Corporation; BECHTEL CONSTRUCTION COMPANY, 16 a Corporation; and DOES 1 through 100, INCLUSIVE, 17 Defendants. 18 19 20 Pursuant to Federal Rule of Evidence 201, Plaintiff JAMES RICHARD STIEFEL 21 respectfully request that this Court take judicial notice of the following documents reflecting 22 administrative action pertaining to the issues raised in Defendant's Motion to Dismiss and/or to 23 Strike. 24 Exhibit A: 25 Housing dated December 19, 2006. 26 27 28 1. REQUEST FOR JUDICIAL NOTICE RE OPPOSITION TO MOT. TO DISMISS 08 CV 0037 H (WMc) Right to Sue Notice from California Department of Fair Employment and Plaintiff, CASE NO.: 08 CV 0037 H (WMc) PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND/OR TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; DECLARATION OF MARCUS JACKSON, ESQ. Judge: The Honorable Marilyn L. Huff Court: Courtroom 13, 5th Floor Date: February 11, 2008 Time: 10:30 a.m. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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1

Judicial notice of this document is appropriate in connection with a motion to dismiss

2 pursuant to Federal Rule of Civil Procedure 12(c). See Heliotrope Gen., Inc. v. Ford Motor Co., 189 3 F. 3d 971, 981 n. 18 (9th Cir. 1999). 4 5 6 7 8 9 10 11 12 13 14 DECLARATION OF MARCUS JACKSON, ESQ. I, Marcus Jackson, Esq., declare: 1. I am an attorney at law duly licensed to practice before this Court and am employed DATED: January 28, 2008 By: DANZ & GERBER

_/s/ Marcus Jackson_______ STEPHEN F. DANZ, ESQ. MARCUS JACKSON, ESQ. Attorney for Plaintiff JAMES RICHARD STIEFEL

15 by Danz & Gerber, counsel of record for Plaintiff JAMES RICHARD STIEFEL. The following 16 statements are based upon my personal knowledge. If called upon to do so, I would competently 17 testify to them. I submit this declaration in support of Plaintiff's Opposition to Defendants' Motion 18 to Dismiss and/or to Strike. 19 2. The document attached hereto as Exhibit A is a true and correct copy of the Right to

20 Sue Letter received from the DFEH dated December 19, 2006. 21 I declare under penalty of perjury under the laws of the United States of America that the 22 foregoing is true and correct and that this declaration was executed on January 28, 2008, at San 23 Diego, California. 24 25 26 27 28 2. REQUEST FOR JUDICIAL NOTICE RE OPPOSITION TO MOT. TO DISMISS/STRIKE 08 CV 0037 H (WMc) _/s/ Marcus Jackson_______ MARCUS JACKSON, ESQ.

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Exhibit A

STATE OF CAU"Ot>:NIA - STATE AND CONSUMER SERVICES

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f.

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Page 4 SCHW5 of ARZENEGGER, Governor ARNOLD

DEPARTMENT OF FAIR EMPLOYMENT & HOUSING
1350 Front Street, Suite 3005 San Diego, CA 92101 (619) 645-2681 TTY (800) 700-2320 Fax (619) 645-2683 www.dfeh.ca.gov

December 19, 2006

JAMES RICHARD STIEFEL 33872 Orilla Road #C Dana Point, CA 92629 RE: E200607D0659-00-pc STIEFEL/BECHTEL CORPORATION

Dear JAMES RICHARD STIEFEL: NOTICE OF CASE CLOSURE This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective December 15, 2006 because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter. If a federal notice of Right-To-Sue is wanted, the U.S. Equal Employment Opportunity Commission (EEOC) must be visited to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier.

Case 3:08-cv-00037-H-WMC
Notice of Case Closure Page Two

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DFEH does not retain case files beyond three years after a complaint is filed, unless the case is still open at the end of the three-year period. Sincerely,

Belinda LeDoux District Administrator

t~t~~
Case File

cc:

Director Human Resources/Personnel BECHTEL CORPORATION 50 Beale Street San Francisco, CA 94105

DFEH-200-43 (06/06)