Free Motion to Strike - District Court of California - California

Case 3:07-cv-02405-L-CAB

Document 9-6

Filed 02/05/2008

Page 1 of 2

1 Gerald L. McMahon, Esq. (SBN 036050) 2 3 4 5 6

Monty A. McIntyre, Esq. (SBN 95796) G. Scott Williams, Esq. (SBN 226516) SELTZER CAPLAN McMAHON VITEK A Law Corporation 750 B Street, 2100 Symphony Towers San Diego, California 92101-8177 Telephone: (619) 685-3003 Facsimile: (619) 685-3100

7 Attorneys for Defendants LOWLIFE CORPORATION LIMITED (incorrectly sued as 8 LOWLIFE CORPORATION, LTD); DALE MASTERS; and EBTM plc 9 10

UNITED STATES DISTRICT COURT OF CALIFORNIA SOUTHERN DISTRICT Delaware corporation, LOSERKIDS, INC., a California Corporation, MACBETH, INC., a California corporation, MACBETH OPTICS, LP, a California limited partnership, and REALLY LIKEABLE PEOPLE II, INC. (formerly ATTICUS CLOTHING, INC.), a California corporation, Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07 CV 2405 L CAB REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16 RULE 201 OF THE FEDERAL RULES OF EVIDENCE Date: Time: Courtroom: Judge: March 24, 2008 10:30 a.m. 14

11 REALLY LIKEABLE PEOPLE, INC., a 12 13 14 15 16 17 18

19 LOWLIFE CORPORATION, LTD, an 20 English limited company, EVERYTHING

M. James Lorenz

BUT THE MUSIC, plc, an English

21 corporation, DALE MASTERS, an 22 23 24 25

individual, and DOES 1 through 25, inclusive, Defendants.

Defendants LOWLIFE CORPORATION LIMITED ("Lowlife") and DALE MASTERS

26 ("Masters") request that the Court take judicial notice, pursuant to Rule 201 of the Federal 27 Rules of Evidence of the following: 28
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 CASE NO. 07 CV 2405 L CAB

Case 3:07-cv-02405-L-CAB

Document 9-6

Filed 02/05/2008

Page 2 of 2

1

1.

Lowlife v RLP complaint, San Diego Superior Court, Case No. GIC 881995 ("Lowlife v.

2 RLP"), dated March 19, 2007, attached as Exhibit 1 to the Notice of Lodgment filed herewith. 3 2. Heads of Agreement ("Heads of Agreement"), dated March 28, 2007, attached as

4 Exhibit 2 to the Notice of Lodgment filed herewith. 5 3. Lowlife v. RLP demand for arbitration ("Lowlife v. RLP Arbitration"), dated May 3,

6 2007, attached as Exhibit 3 to the Notice of Lodgment filed herewith. 7 4. Stipulation Re: Statement and Scope of Claim For Arbitration in the Lowlife v. RLP

8 Arbitration, dated May 23, 2007, attached as Exhibit 4 to the Notice of Lodgment filed herewith. 9 5. Asset Purchase and Sale Agreement ("Atticus Purchase Agreement"), dated May 29,

10 2007, attached as Exhibit 5 to the Notice of Lodgment filed herewith. 11 6. Atticus Wind-Down Agreement, dated May 29, 2007, attached as Exhibit 6 to the

12 Notice of Lodgment filed herewith. 13 7. Macbeth Wind-Down Agreement, dated May 29, 2007, attached as Exhibit 7 to the

14 Notice of Lodgment filed herewith. 15 8. Loserkids.uk.com Wind-Down Agreement, dated May 29, 2007, attached as Exhibit 8

16 to the Notice of Lodgment filed herewith. 17 9. Dismissal of Lowlife v. RLP, dated May 18, 2007, attached as Exhibit 9 to the Notice of

18 Lodgment filed herewith. 19 10. Letter requesting that the Lowlife v. RLP Arbitration be taken off calendar, dated June

20 5, 2007, attached as Exhibit 10 to the Notice of Lodgment filed herewith. 21 Dated: February 5, 2008 22 23 24 25 26 27 28
2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 CASE NO. 07 CV 2405 L CAB

SELTZER CAPLAN McMAHON VITEK By: /s/ Monty A. McIntyre Gerald L. McMahon Monty A. McIntyre G. Scott Williams Attorney for Defendants LOWLIFE CORPORATION LIMITED, DALE MASTERS; and EBTM plc