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

Case 3:08-cv-00028-WQH-WMC

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Wyner & Tiffany
Attorneys at Law

Steven Wyner (SBN 77295) [email protected] Marcy J.K. Tiffany (SBN 78421) [email protected] 970 W. 190th Street, Suite 302 Torrance, California 90502 Phone: (310) 225-2880 Fax: (310) 225-2881 Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA T.B., a minor, ALLISON BRENNEISE and ROBERT BRENNEISE, Plaintiffs, v. SAN DIEGO UNIFIED SCHOOL DISTRICT Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 08 CV 0028 WQH (WMc) PLAINTIFFS' SUPPLEMENTAL AUTHORITIES AND REQUEST FOR JUDICIAL NOTICE HON. WILLIAM Q. HAYES Place: Courtroom 4, Fourth Floor Date: May 12, 2008 Time: 11:00 a.m. NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

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08 CV 0028 WQH (WMc)

Case 3:08-cv-00028-WQH-WMC

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Pursuant to Federal Rule of Evidence 201, which provides that a court may take judicial notice of "records and reports of administrative bodies," plaintiffs hereby request the court to take judicial notice of the CDE Compliance Report issued in the matter of , attached hereto as Exhibit B. For the court's convenience, a copy of the Ninth Circuit's Order granting the petition for rehearing in Levina v. San Luis Coastal USD, No. 06-55179, and the Memorandum Disposition in the same case, filed on April 23, 2008, are attached as Exhibit A. Also attached for the court's convenience is a copy of the district court's decision in Porter v. Board of Trustees, Case No. CV 00-8402 GAF, slip op., (C.D. Cal. Dec. 21, 2004) (on remand from Porter v. Board of Trustees of Manhattan Beach, 307 F.3d 1064 (9th Cir. 2002) is attached as Exhibit C. Dated: April 28, 2008 Respectfully submitted,

Wyner & Tiffany
ATTORNEYS AT LAW

By:

/s/ Marcy J.K. Tiffany Attorneys for Defendants

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Dated: April 28, 2008 /s/ Marcy J.K. Tiffany I, the undersigned, declare under penalty of perjury, that I am over the age of 18 and that I am not a party to this action. On April 28, 2008, I served this PLAINTIFFS' SUPPLEMENTAL AUTHORITIES AND REQUEST FOR JUDICIAL NOTICE on the San Diego Unified School District by serving their counsel of record electronically, having verified on the court's CM/ECF website that such counsel is currently on the list to receive emails for this case, and that there are no attorneys on the manual notice list. CERTIFICATE OF SERVICE

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08 CV 0028 WQH (WMc)