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

Case 4:07-cv-03334-CW

Document 7

Filed 08/01/2007

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1 PATRICIA K. GILLETTE (No. 74461) GREG J. RICHARDSON (No. 203788) 2 BROOKE D. ANDRICH (No. 238836) 3 HELLER EHRMAN LLP 333 Bush Street 4 San Francisco, CA 94104-2878 5 Telephone: +1.415.772.6000 Facsimile: +1.415.772.6268 6 Email: [email protected] Email: [email protected] 7 Email: [email protected] 8 Attorneys for Defendants 9 GREATER BAY BANK, GREATER BAY BANCORP, CHERYL E. HOWELL, KRYSTYNA MARCINIAK, 10 CATHLEEN COLGAN, and ERIC LEE 11 12 13 14 15 16 17 18 v. Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) Judge: Location: Date: Time: Hon. Claudia Wilken Courtroom 2, 4th Floor September 6, 2007 2:00 p.m. GERARD CHANG, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No.: C 07-3334 CW

19 GREATER BAY BANK, GREATER BAY BANCORP, CHERYL E. HOWELL, 20 KRYSTYNA MARCINIAK, CATHLEEN 21 COLGAN, ERIC LEE, and DOES 1 TO 50, 22 23 24 25 26 27 28 Defendants.

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS; CASE NO. C 07-3334 CW

Case 4:07-cv-03334-CW

Document 7

Filed 08/01/2007

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Pursuant to Federal Rule of Evidence 201, Defendants Greater Bay Bank, Greater

2 Bay Bancorp, Cheryl E. Howell, Krystyna Marciniak, Cathleen Colgan, and Eric Lee 3 respectfully request that this Court take judicial notice of the following documents: 4 1. Attached as Exhibit A hereto is a true and correct copy of the Complaint for

5 Breach of Fiduciary Duty, Violation of US PATRIOT Act, Violation of Fair Labor 6 Standards, Violation of Civil Rights in Case No. 05-5166-CW, filed by Plaintiff in the 7 Oakland Division of this Court on December 13, 2005. 8 2. Attached as Exhibit B hereto is a true and correct copy of the Order Granting

9 Defendants' Motion to Dismiss in Case No. 05-5166-CW, signed by the Honorable Claudia 10 Wilken on May 12, 2006. 11 3. Attached as Exhibit C hereto is a true and correct copy of the Order Granting

12 Defendants' Motion for Summary Judgment in Case No. 05-5166-CW, signed by the 13 Honorable Claudia Wilken on March 19, 2007. 14 4. Attached as Exhibit D hereto is a true and correct copy of the Appeal of

15 Dismissal of Case in Case No. 05-5166-CW, filed by Plaintiff in the Oakland Division of 16 this Court on April 13, 2007. 17 5. Attached as Exhibit E hereto is a true and correct copy of the Complaint for

18 Wrongful Termination, Constitutional Tort, Violation of Fair Labor Standards, Family and 19 Medical Leave Act, Fraud, Extortion, Negligence, Infliction of Emotional Distress in Case 20 No. 07-2437-CW, filed by Plaintiff in the San Francisco Division of this Court on May 7, 21 2007. 22 6. Attached as Exhibit F hereto is a true and correct copy of the Order Denying

23 Application to Proceed In Forma Pauperis and Dismissing Complaint in Case No. 07-243724 CW, signed by the Honorable Claudia Wilken on June 7, 2007. 25 26 27 28 1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS; CASE NO. C 07-3334 CW

Case 4:07-cv-03334-CW

Document 7

Filed 08/01/2007

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS; CASE NO. C 07-3334 CW

DATED: August 1, 2007

HELLER EHRMAN LLP By /S/ Brooke D. Andrich PATRICIA K. GILLETTE GREG J. RICHARDSON BROOKE D. ANDRICH Attorneys for Defendants GREATER BAY BANK, GREATER BAY BANCORP, CHERYL E. HOWELL, KRYSTYNA MARCINIAK, CATHLEEN COLGAN, and ERIC LEE