Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02246-BTM-WMC

Document 13-3

Filed 01/11/2008

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EDMUND G. BROWN JR. Attorney General of the State of California CHRISTOPHER E. KRUEGER Senior Assistant Attorney General STEPHEN P. ACQUISTO Supervising Deputy Attorney General JEFFREY I. BEDELL, State Bar No. 232287 Deputy Attorney General 1300 I Street, Suite 125 P.O . Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-6103 Fax: (9 16) 324-8835 Email: [email protected]

Attorneys for Defendants Arnold Schwarzenegger, in 9 his official capacity as Governor of the State of California ; Edmund G. Brown Jr., in his official 10 capacity as Attorney Gene ral of the State of California; and, Jack O'Connell, in his official capacity as the I I California State Superinten dent of Public Instruction 12 13 14 15 16
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CA LIFORNIA EDUCATION COMMITTEE, LLC and PRISCILLA SC HREIBER, Plaintiffs,

07 CV 2246 BTM (WMC) REQUES T FOR JUDICIAL NO TICE IN SUPPORT OF MOTION TO DIS M ISS COMPLAINT BY THE STATE DEFENDANTS [Fed. R. Evid. R. 2011 Hearing Date: Time: Courtroom: Judge: February 15, 2008 II :00 a.m . 15 The Honorable Barry Ted Moskowitz

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v.
ARN OL D SC HWARZENEGGER, in his official capacity as Governor ofthe State of California; EDMUND G. BROWN, JR., in his official capacity as Attorney General of the State of California; JACK O'CONNELL in his official capacity as California Superintendent of Public Inst r uction; and DOES 1 through 20 inclusive, Defendants.

[Oral Argument Not Required]

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State Defendants' Req. for Judicial Notice in Support of Motion to Dismiss

Case No. 07 CV 2246 BTM (WMC

Case 3:07-cv-02246-BTM-WMC

Document 13-3

Filed 01/11/2008

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Defendants Arnold Schwarzenegger, in his official capacity as Governor of the State of California, Edmund G. Brown Jr. , in his offici al capacity as Attorney General of the State of California, and Jack O'Connell, in his official eapacity as the California State Superintendent of Pub lic Instruction, respectfully request the Court take judicial notice of the following :

EXHIBIT
A.

DESCRIPTION
Circulating and Filing Schedule for Referendum to Overturn Amendments to Education Code [Referendum to Overturn Senate Bill 777] Official Title and Summary of Referendum to Overturn Am endments to Edu cation Code [Referendum to Overturn Senate Bill 777 ] Text of Senate Bill 777 (Cal. Sen. Bill No . 777) (2007-2008 Reg . Sess.)

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B.

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A true and correct copy of each of these documents is attached to this request. This

13 request is made pursuant to Federal Rule of Evidence Rule 201. See also MGIC lndem. Corp. v.

14 Weisman, 803 F.2d 500 , 504 (9th Cir. 1986) ("On a moti on to dismiss, wc may take judicial
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1041126S.wpd

notice of matters of public record outside the pleadings.") Dated : January II , 2008 Respectfully submitted, EDM UND G. BROWN JR. Attorney General of the State of California CHRISTOP HE R E. KRUEG ER . Sen ior Assistant Attorne y General STEPHEN P. ACQUISTO Supervising Deputy Attorney General

s/Jeffrey Bedell
JEFFREY 1. BEDELL Deputy Attorney General Attorneys for Defendants Arn old Schwarzenegger, in his official capacity as Governor of the State of Californ ia; Edmund G. Brown Jr., in his official capacity as Attorney General of the State of California; and, Jack O 'Connell, in his officia l capacity as the Californi a State Superintendent of Public Instruction Email: jeff.bed ell@doj .ca.gov

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Stale Defendants' Req. for Judicial Notice in Support of Motion to Dismiss Case No. 07 CV 2246 BTM (WMC