Free Motion to Dismiss - District Court of California - California

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

Document 15-3

Filed 04/03/2008

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MILLER BROWN & DANNIS SYMPHONY TOWERS 750 B STREET, SUITE 2310 SAN DIEGO, CA 92101

SUE ANN SALMON EVANS, State Bar No. 151562 [email protected] AMY R. LEVINE, State Bar No. 160743 [email protected] SARAH L. W. SUTHERLAND, State Bar No. 239889 [email protected] MILLER BROWN & DANNIS Symphony Towers 750 B Street, Suite 2310 San Diego, CA 92101 Telephone: (619) 595-0202 Facsimile: (619) 702-6202 Attorneys for Defendant SAN DIEGO UNIFIED SCHOOL DISTRICT UNITED STATES DISTRICT COURT

10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 San Diego Unified School District, 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendant. v. Date: Time: Dept.: Judge: May 12, 2008 11:00 a.m. 4 Hon. William Q. Hayes January 4, 2008 T.B., Allison Brenneise and Robert Brenneise, Plaintiffs, Case No. 08 CV 0028 WQH WMc DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S REQUEST FOR JUDICIAL NOTICE

Complaint Filed:

NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

LB 106912v1

DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S REQUEST FOR JUDICIAL NOTICE; CASE NO. 08 CV 0028 WQH WMc

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

Document 15-3

Filed 04/03/2008

Page 2 of 3

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MILLER BROWN & DANNIS SYMPHONY TOWERS 750 B STREET, SUITE 2310 SAN DIEGO, CA 92101

Pursuant to Federal Rule of Evidence 201, Defendant San Diego Unified School District ("District") hereby requests that the court take judicial notice of the following documents: (A) Motion to Dismiss filed by Plaintiff T.B. in T.B. v. San Diego Unified School District, Office of Administrative Hearings ("OAH") Case No. N2007110255; and Analysis of Comments and Changes to 2006 Individuals with Disabilities Education Act Part B Regulations, 71 Fed. Reg. 46602 (August 14, 2006).

(B)

On March 12, 2008, Plaintiffs filed a Motion to Dismiss in an administrative due process matter entitled T.B. v. San Diego Unified School District, OAH Case No. N2007110255, a copy of which is attached hereto as Exhibit A. "A court may take judicial notice of `records and reports of administrative bodies.'" (Mack v. Southbay Beer Distributors, Inc., 789 F.2d 1279, 1282 (9th Cir. 1986) [quoting Interstate Nat. Gas. Co. v. S. Cal. Gas. Co., 209 F.2d 380, 385 (9th Cir. 1953); see also MGIC Indemnity Corporation v. Weisman, 803 F.3d 500, 504 (9th Cir. 1986) [court took judicial notice of a motion to dismiss and declaration filed in a declaratory judgment suit]; Disabled Rights Action Committee v. Las Vegas Events, Inc., 375 F.3d 861, 866 (9th Cir. 2004) [court took judicial notice of licensing agreements that were documents of a State University System]; Fadaie v. Alaska Airlines, Inc., 293 F.Supp.2d 1210, 1215 (W.D. Wash. 2003) ["Administrative complaints and agency decisions are the type of public records that are properly the subject of judicial notice"].) On August 14, 2006 the United States Department of Education ("DOE") issued its Final Regulations to the Reauthorized Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. As part of the Final Regulations, the DOE included an "Analysis of Comments and Changes" to the Regulations. As part of this Analysis, the DOE commented on whether parents may be reimbursed for attorneys' fees they incurred in filing a State complaint against a school district. A copy of said comments is attached hereto as Exhibit B. "A court may take judicial notice of `records and reports of administrative bodies.'" (See Mack, 789 F.2d at 1282 (9th Cir. 1986) [quotation omitted].) // 2
DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S REQUEST FOR JUDICIAL NOTICE; CASE NO. 08 CV 0028 WQH WMc

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LB 106912v1

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

Document 15-3

Filed 04/03/2008

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MILLER BROWN & DANNIS SYMPHONY TOWERS 750 B STREET, SUITE 2310 SAN DIEGO, CA 92101

Accordingly, the District respectfully requests request that the Court take judicial notice of the Motion to Dismiss and the Analysis of Comments and Changes, set forth in Exhibits A and B. DATED: April 3, 2008 MILLER BROWN & DANNIS

By: /sAmy R. Levine SUE ANN SALMON EVANS AMY R. LEVINE SARAH L. W. SUTHERLAND Attorneys for Defendant SAN DIEGO UNIFIED SCHOOL DISTRICT

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LB 106912v1

DEFENDANT SAN DIEGO UNIFIED SCHOOL DISTRICT'S REQUEST FOR JUDICIAL NOTICE; CASE NO. 08 CV 0028 WQH WMc