Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00886-IEG-RBB

Document 8-10

Filed 08/05/2008

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SAN DIEGO UNIFIED PORT DISTRICT DUANE E. BENNETT, ESQ. (SBN 110202) PORT ATTORNEY ELLEN BROSS MILES, ESQ. (SBN 149127) DEPUTY PORT ATTORNEY 3165 Pacific Highway P.O. Box 120488 San Diego, CA 92112-0488 Phone: (619) 686-6219 Fax: (619) 686-6444 Attorneys for Defendant, SAN DIEGO UNIFIED PORT DISTRICT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOHN GALLAGHER, ) ) Plaintiff, ) ) v. ) ) SAN DIEGO UNIFIED PORT DISTRICT, ) CITY OF CORONADO, and DOES 1 ) through 20, inclusive, ) ) Defendants. ) ) ) ) ) ) Case No. 08-CV-0886 IEG (RBB) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PURSUANT TO F.R.C.P. 12(b)(6)

Defendants respectfully request that the Court take judicial notice of the documents listed in support of its motion to dismiss pursuant to Federal Rule of Evidence 201(b)(1): 1. Agenda Sheet of the Board of Port Commissioner's meeting regarding §4.36,

dated August 22, 2000; 2. 3. Original Ordinance 2107 (§4.36), dated August 22, 2000; Settlement Agreement and Release of Claims dated August 8, 2000 in

Gallagher v. San Diego Unified Port District, 98-CV-0615 J (JAH); 4. Third Offer of Judgment in Gallagher v. San Diego Unified Port District, 98-CV-

0615 J (JAH), dated 11/17/00;

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Case 3:08-cv-00886-IEG-RBB

Document 8-10

Filed 08/05/2008

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5.

Plaintiff's Acceptance of Third Offer of Judgment in Gallagher v. San Diego

Unified Port District, 98-CV-0615 J (JAH), dated 11/27/00; 6. 7. UPD Code §4.38, dated June 3, 2003; Completion Report submitted by District to the United States Army Corps of

Engineers, dated May 15, 2003; 8. 9. 10. 11. 12. 13. 14. meeting; 15. 16. 17. Minutes from September 5, 2006 Board of Port Commissioner's meeting; Letter to John Gallagher from Ellen Gross Miles, dated July 6, 2007; Order Granting Defendants' Motion to Dismiss Without Prejudice, dated 4/4/07, Agenda Sheet of the Board of Port Commissioner's December 6, 2005 meeting; Minutes from the December 6, 2005 Board of Commissioner's meeting; Agenda Sheet of the Board of Port Commissioner's May 2, 2006 meeting; Minutes from the May 2, 2006 Board of Commissioner's meeting; Agenda Sheet of the Board of Port Commissioner's June 6, 2006 meeting; Minutes from the June 6, 2006 Board of Port Commissioner's meeting; Agenda Sheet of the Board of Port Commissioner's September 5, 2006

in Renard v. San Diego Unified Port District, 06-CV-2665 H (BLM); and 18. Plaintiff's Notice of Motion and Motion to Enforce Judgment, with accompanying

documents, dated November 1, 2002, in Gallagher v. San Diego Unified Port District, 98-CV0615 J (JAH). Respectfully submitted, Dated: August 5, 2008 SAN DIEGO UNIFIED PORT DISTRICT DUANE E. BENNETT PORT ATTORNEY By: s/ Ellen Gross Miles ELLEN GROSS MILES Deputy Port Attorney Attorney for Defendants [email protected]

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