Free Request for Judicial Notice - District Court of California - California

Case 3:07-cv-04732-MJJ

Document 35

Filed 01/19/2008

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Matthew S. Hale, Esq. HALE & ASSOCIATES Calif. State Bar No. 136690 45 Rivermont Drive Newport News, VA 23601 Mailing Address: P.O. Box 1951 Newport News, VA 23601 Telephone No. (757) 596-1143 E-Mail: [email protected] Attorney for Plaintiffs, DAVID J. LEE and DANIEL R. LLOYD UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DAVID J. LEE and DANIEL R. LLOYD, as individuals and, on behalf of others similarly situated, ) ) ) ) ) Plaintiffs, ) ) vs. ) ) ) ) CHASE MANHATTAN BANK U.S.A., ) ) N.A., a Delaware corporation, CHASE MANHATTAN BANK U.S.A., N.A. d.b.a. ) CHASE BANK U.S.A., N.A., JPMORGAN ) ) CHASE & CO., a Delaware corporation; ) and DOES 1, through 100, inclusive, ) ) ) ) Defendants. ) ) ) Case No.: C 07-4732 MJJ PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE [MEMORANDUM OF POINTS & AUTHORITIES, AND PROPOSED ORDER, FILED CONCURRENTLY] DATE: January 29, 2008 TIME: 9:30 a.m. CTRM: 11 th 19 Floor 450 Golden Gate Ave. San Francisco, Ca. 94102

David Lee, et al. vs. Chase Manhattan Bank U.S.A., N.A., et al. Plaintiffs' Request for Judicial Notice

Case 3:07-cv-04732-MJJ

Document 35

Filed 01/19/2008

Page 2 of 2

Plaintiffs, David J. Lee, and Daniel R. Lloyd, request that this Court, pursuant to Fed.R.Evid. 201, take judicial notice of two (2) documents: (1) the Complaint filed in Lee v. American Express Travel Related Services Company, Inc., docket number C-07-4765 (CRB) (N.D. Cal. Sept. 9, 2007) (Exhibit "A" hereto, includes Exhibits 17, 18, 19,28,29, and 30 only); and (2) the hearing transcript relative to the Defendants' motion to dismiss in Lee v. American Express Travel Related Services Companv, Inc. argued before Judge Charles H. Breyer on Friday, November 3oth2007 (Exhibit "B" hereto).
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The grounds for this motion are that they are necessary for the Court of evhluate-the
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Defendants' "Statement of Recent Decision in Support of Motion to Dismiss" 'fjled on

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December 20, 2007. Furthermore, these documents are not subject to reasonable dispute in that they are capable of accurate and ready determination by resort to sources whose aqcuracy. . cannot reasonably be questioned, i.e., the files held by the clerk for the U.S. District Court for the Northern District. Judicial notice of these documents is thus required in order for this Court to be fully apprised of the Plaintiffs' legal arguments in Lee v. American Express Travel Related Services Companv, Inc., and the rationale for Judge Breyer's decision in that case.

Dated: January 19,2008

Respectfully submitted,

Counsel for Plaintiffs, David J. Lee and Daniel R. Lloyd

David Lee. et al. vs. Chase Manhattan Bank U S A . N.A., et al. ... Plaintiffs' Request for Judicial Notice