Free Response in Support of Motion - District Court of California - California

Case 3:08-cv-00563-DMS-POR

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Filed 07/03/2008

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JEFFER, MANGELS, BUTLER & MARMARO LLP MARTIN H. ORLICK (Bar No. 083908), [email protected] MATTHEW S. KENEFICK (Bar No. 227298), [email protected] Two Embarcadero Center, Fifth Floor San Francisco, California 94111-3824 Telephone: (415) 398-8080 Facsimile: (415) 398-5584 Attorneys for Defendant CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

BARBARA HUBBARD, Plaintiff, v. CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS, et al., Defendants.

CASE NO.

08CV0563DMS POR

REPLY REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR THE COURT TO DECLINE SUPPLEMENTAL JURISDICTION OVER AND TO DISMISS PLAINTIFF'S STATE LAW CLAIMS [28 U.S.C. § 1367(c)] Accompanying Papers: Reply Memorandum of Points and Authorities Date: Time: Dept: Judge: Complaint filed: 1st Am. Compl. filed: Trial Date: July 11, 2008 1:30 p.m. Courtroom 10 Hon. Dana M. Sabraw April 2, 2008 April 16, 2008 None set

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Pursuant to Federal Rule of Evidence 201, Defendant Central Purchasing, LLC dba Harbor Freight Tools ("Harbor Freight") hereby submits the following Reply Request for Judicial Notice in Support of Motion for the Court to Decline Supplemental Jurisdiction Over and to Dismiss Plaintiff's State Law Claims [28 U.S.C. § 1367(c)]: 1.
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Harbor Freight hereby requests the Court take judicial notice of the Plaintiff's
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Case 3:08-cv-00563-DMS-POR

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Filed 07/03/2008

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Opposition to Defendants ValVista South, LLC and ValVista North, LLC's Motion for an Order Declining Supplemental Jurisdiction Over Plaintiff's State Claims; an Order Dismissing Claims Against ValVista for Failure to State a Claim; and, an Order Setting an Evidentiary Hearing on Article III Standing filed in the matter of Cross v. Boston Market Corp., 07CV486J(LSP), a true and correct copy of which is attached hereto as Exhibit 1. 2. Harbor Freight hereby requests the Court take judicial notice of the May 29,

2007 decision of the United States District Court for the Southern District of California in Cross v. Boston Market Corp., 07CV486J(LSP), a true and correct copy of which is attached hereto as Exhibit 2. 3. Harbor Freight hereby requests the Court take judicial notice of the Plaintiff's

Opposition to Defendant GMRI, Inc.'s Motion to Dismiss Plaintiff's State Law Claims Pursuant to 28 U.S.C. (sic) 1367(c) in the matter of Oliver v. Red Lobster etc., No. 07CV1719IEG(WMC), a true and correct copy of which is attached hereto as Exhibit 3. 4. Harbor Freight hereby requests the Court take judicial notice of the

November 16, 2007 decision of the United States District Court for the Southern District of California in Oliver v. Red Lobster etc., No. 07CV1719IEG(WMC), a true and correct copy of which is attached hereto as Exhibit 4. 5. Harbor Freight hereby requests the Court take judicial notice of the California

Supreme Court's June 25, 2008, acceptance of the Ninth Circuit's April 14, 2008 certification of certain issues in the matter of Munson v. Del Taco, 06-56208, a true and correct copy of which is attached hereto as Exhibit 5.

DATED: July 3, 2008

JEFFER, MANGELS, BUTLER & MARMARO LLP MARTIN H. ORLICK MATTHEW S. KENEFICK By: /s/ Martin H. Orlick MARTIN H. ORLICK Attorneys for Defendant CENTRAL PURCHASING, LLC dba HARBOR FREIGHT TOOLS

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