Message: Pacer,Handal Request judicial Notice based on Federal rule 201(example Intel ) !
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF CALIFORNIA:
Plaintiff e.Digital Corporation (“Plaintiff” or “e.Digital”), by and through its
attorneys, hereby respectfully requests that the Court take judicial notice pursuant
to Federal Rule of Evidence 201 and/or all other applicable provisions of law as
requested herein when ruling on “
Defendant Toshiba America Information
Systems, Inc.’s Notice of Motion and Motion for Sanctions”
(“Motion”) (Dkt #37
et. seq.
) which is set to be heard October 20, 2014 at 10:30 a.m.
Defendant Toshiba America Information Systems, Inc. is referred to
hereafter as “Toshiba” or “Defendant.”
I. STANDARD OF LAW
Federal Rule of Evidence 201 provides that "[t]he court may judicially
notice a fact that is not subject to reasonable dispute because it: (1) is generally
known within the trial court's territorial jurisdiction; or (2) can be accurately and
readily determined from sources whose accuracy cannot reasonably be
questioned." "Judicially noticed facts often consist of matters of public record."
Botelho v. U.S. Bank
, N.A., 692 F. Supp. 2d 1174, 1178 (N.D. Cal. 2010) (citations
omitted); see also
W. Fed. Sav. & Loan Ass'n v. Heflin Corp., 797 F. Supp. 790,
792 (N.D. Cal. 1992).
II. REQUEST FOR JUDICIAL NOTICE
Pursuant to Federal Rule of Evidence 201 and all other applicable provisions
of law, e.Digital respectfully requests that the Court to take judicial notice of the
following:
1) The Court’s April 24, 2014 “
Order Denying Defendant's Motion To
Dismiss Plaintiff's First Amended Complaint
” (hereafter “Intel Order”) issued in
the case
e.Digital Corporation v. Intel Corporation, Southern District of
California, District Court Case No. 3:13-cv-2905-H-BGS (“Intel Case”) (Intel
Case, Dkt #25). A true and correct copy of the Intel Order is attached hereto as
Case 3:13-cv-02909-H-BGS Document 41-1 Filed 10/02/14 Page 2 of 8
E.DIGITAL CORPORATION’S
REQUEST FOR JUDICIAL NOTICE
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Exhibit 1.
2) The Court’s May 19, 2014 “
Order Denying Defendant’s Motion To
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “Kingston Order”) issued
in the case
e.Digital v. Corporation Kingston Technology Company, Inc., Southern
District of California, District Court Case No. 3:13-cv-02906-H-BGS (“Kingston
Case”) (Kingston Case, Dkt #27). A true and correct copy of the Kingston Order is
attached hereto as Exhibit 2.
3) The Court’s May 16, 2014 “
Order Denying Defendant’s Motion To
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “Transcend Order”)
issued in the case
e.Digital Corporation v. Transcend Information, Inc., Southern
District of California, District Court Case No. 3:13-cv-02941-H-BGS (“Transcend
Case”) (Transcend Case, Dkt #22). A true and correct copy of the Transcend Order
is attached hereto as Exhibit 3.
4) The Court’s May 20, 2014 “
Order Denying Defendant’s Motion To
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “PNY Order”) issued in
the case
e.Digital Corporation v. PNY Electronics, Inc., Southern District of
California, District Court Case No. 3:13-cv-02930-H-BGS (“PNY Case”) (PNY
Case, Dkt #26). A true and correct copy of the PNY Order is attached hereto as
Exhibit 4.
5) The Court’s May 29, 2014 “
Order Denying Defendant’s Motion To
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “Lexar Order”) issued in
the case
e.Digital Corporation v. Micron Consumer Products Group, Inc., dba
Lexar,
Southern District of California, District Court Case No. 3:13-cv-02907-HBGS
(“Lexar Case”) (Lexar Case, Dkt #22). A true and correct copy of the Lexar
Order is attached hereto as Exhibit 5.
6) The Court’s May 29, 2014 “
Order Denying Defendant’s Motion To
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “Micron Order”) issued
in the case
e.Digital Corporation v. Micron Technology, Inc., Southern District of
Case 3:13-cv-02909-H-BGS Document 41-1 Filed 10/02/14 Page 3 of 8
E.DIGITAL CORPORATION’S
CASE NO. 3:13-CV-2909-H-BGS
REQUEST FOR JUDICIAL NOTICE
-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
California, District Court Case No. 3:13-cv-02944-H-BGS (“Micron Case”)
(Micron Case, Dkt #24). A true and correct copy of the Micron Order is attached
hereto as Exhibit 6.
7) Toshiba’s June 9, 2014 entitled “
Defendant Toshiba America
Information Systems, Inc.’s Notice Of Withdrawal Of Motion To Dismiss For
Failure To State A Claim
” (Dkt #21 in the Toshiba case). A true and correct copy
of relevant portions of that document are attached hereto as Exhibit 7.
8) Toshiba’s statement, “In its Motion to Dismiss, TAIS made
statements about two websites not identified in the Amended Complaint due to
inadvertent typographical errors when entering the URLs
Amended Complaint (Docket No. 13)”, as made in the pleading entitled
“
Defendant Toshiba America Information Systems, Inc.’s Notice Of Withdrawal Of
Motion To Dismiss For Failure To State A Claim
” (Dkt #21 in the Toshiba case).
A true and correct copy of relevant portions of that document are attached hereto
as Exhibit 7.
9) The July 24, 2014 answer filed by Toshiba in this matter (Dkt #31), a
true and correct copy of relevant portions of which are attached hereto as Exhibit 8.
10) The statement by Toshiba in its July 24, 2014 answer (Dkt #31) on Page
3, Paragraph 10, Lines 25-27, “TAIS further admits that certain flash storage
products sold by TAIS can be used to write to and store data in non-volatile flash
memory, among other uses.” A true and correct copy of relevant portions of that
document are attached hereto as Exhibit 8.
11) The Court’s June 10, 2014 “
Order Continuing Hearing And Setting
Briefing Schedule
”, a true and correct copy of relevant portions of which are
attached hereto as Exhibit 9.
12) The Court’s July 10, 2014 “
Order Denying Defendant’s Motion To
Case 3:13-cv-02909-H-BGS Document 41-1 Filed 10/02/14 Page 4 of 8
E.DIGITAL CORPORATION’S
REQUEST FOR JUDICIAL NOTICE
-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Dismiss Plaintiff’s First Amended Complaint”
(hereafter “Toshiba Order”) issued
in the Toshiba case. (Dkt #30). A true and correct copy of the Toshiba Order is
attached hereto as Exhibit 10.
13) The July 10, 2014 date of the entry of the Court’s
Order Denying
Defendant’s Motion To Dismiss Plaintiff’s First Amended Complaint”
(hereafter
“Toshiba Order”) issued in the Toshiba case. (Dkt #30).
14) The contents of the June 3, 2014 letter of Toshiba, a true and correct
copy of which is attached hereto as Exhibit 11.
15) e.Digital’s Request for Production Number One Propounded upon
Toshiba, a true and correct copy of relevant portions of which is attached hereto as
Exhibit 12.
16) The definition of the term(s) “ACCUSED PRODUCT” or
“ACCUSED PRODUCTS” in e.Digital’s May 2014 Request for Production
Number One Propounded upon Toshiba on Pages 4-8, a true and correct copy of
relevant portions of which is attached hereto as Exhibit 12.
17) The August 26, 2014 email of Toshiba’s counsel, a true and correct
copy of which is attached hereto as Exhibit 13.
18) e.Digital’s August 19, 2014 Preliminary Infringement Contentions, a
true and correct copy of relevant portions of which is attached hereto as Exhibit 14.
19) The statement made in “
Defendant Toshiba America Information
Systems, Inc.’s [Proposed] Order Granting Defendant Toshiba America
Information Systems, Inc.’s Motion for Sanctions”
(Dkt #37-21), “The Court,
having considered Defendant’s Motion for Sanctions and the papers and arguments
submitted in support of and in opposition thereto, is of the opinion that Toshiba
America Information Systems, Inc.’s motion should be GRANTED pursuant to
Fed. R. Civ. P. 11. Therefore, it is ORDERED that Plaintiff e.Digital Corporation’s
Amended Complaint for Patent Infringement against Toshiba America Information
Systems, Inc. shall be
DISMISSED WITH PREJUDICE.” A true and correct
Case 3:13-cv-02909-H-BGS Document 41-1 Filed 10/02/14 Page 5 of 8
E.DIGITAL CORPORATION’S
REQUEST FOR JUDICIAL NOTICE
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
copy of which is attached hereto as Exhibit 15.
20) The fact that the Rule 26 meet and confer did not occur in this matter
until August 22, 2014 as indicated in the September 2, 2014 “
Amended Joint
Discovery Plan”
on Page 1, Lines 25-28; Page 2, Lines 1-4 filed in the third set of
consolidated cases. A true and correct copy of relevant portions of this document
is attached hereto as Exhibit 16.
21) The fact that Toshiba’s Motion (this motion) was not filed until
September 8, 2014. (
See, Dkt #37 et. seq.)
22) The Court’s September 11, 2014 “
Order Following Case
Management Conference
," a true and correct copy of which is attached hereto as
Exhibit 17.
23) The date of the Court’s “
Order Following Case Management
Conference
” which was September 11, 2014, as indicated in the true and correct
copy of that order attached hereto as Exhibit 17.
24) The order made in the Court’s “
Order Following Case Management
Conference
” on Page 6, Paragraph 4, Lines 9-18, “Plaintiff shall prepare, where
required under Rule 26(b)(5), a privilege log listing pre-filing privileged
communications and work product, but only as to the matters in the following
instant Consolidated Cases: 13cv2889 H (BGS);13cv2907 H (BGS); 13cv2909 H
(BGS); 13cv2934 H (BGS) and13cv2944 H (BGS).”
25) Local Civil Rule 7.1(i)(2), a true and correct copy of which is attached
hereto as Exhibit 18.
III. CONCLUSION
e.Digital respectfully requests that the Court take judicial notice of the
matters set forth herein.
-
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
Dated: October 2, 2014
HANDAL & ASSOCIATES
By: /s/Anton N. Handal
Anton N. Handal
Pamela C. Chalk
Gabriel G. Hedrick
Attorneys for Plaintiff
e.Digital Corporation
-7-
e.Digital Corporation,
Plaintiff,
v.
Toshiba America Information Systems,
Inc.
Defendant.
Case No. 3:13-cv-2909-H-BGS
PLAINTIFF E.DIGITAL
CORPORATION’S REQUEST
FOR JUDICIAL NOTICE; AND
EXHIBITS 1-18 ATTACHED
THERETO SUBMITTED IN
SUPPORT OF ITS OPPOSITION
TO DEFENDANT TOSHIBA
AMERICA INFORMATION
SYSTEMS, INC.’S NOTICE OF
MOTION AND MOTION FOR
SANCTIONS
DEMAND FOR JURY TRIAL
Date: October 20, 2014
Time: 10:30 a.m.
Ctrm: 15A
Judge: Hon. Marilyn L. Huff
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
18 Recommendations
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