Free Motion to Dismiss/Lack of Jurisdiction - District Court of California - California

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

Document 7-3

Filed 06/02/2008

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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

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: Notice and Motion; Memorandum of Points and Authorities; and (Proposed) Order Date: Time: Dept: Judge: Complaint filed: 1st Am. Compl. filed: July 11, 2008 1:30 p.m. Courtroom 10 Hon. Dana M. Sabraw April 2, 2008 April 16, 2008

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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 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 January
08CV0563DMS POR REQUEST FOR JUDICIAL NOTICE

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

Document 7-3

Filed 06/02/2008

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17, 2007, denial of the California Supreme Court of the petition for review of plaintiff/appellant David Gunther of the decision of Gunther v. Lin, 144 Cal.App.4th 223 (4th Dist. 2006). Attached hereto as Exhibit A is a true and correct copy of the online register of actions for this petition. 2. Harbor Freight hereby requests this Court take judicial notice of its decision

in Cross v. Pacific Coast Plaza Invest., No. 06CV2543 JM(RBB) (SD Cal. Mar. 6, 2007), a true and correct copy of which is attached hereto as Exhibit B. 3. Harbor Freight hereby requests this Court take judicial notice of the March

22, 2007 decision of the United States District Court for the Eastern District of California in Wilson v. Haria and Gogri Corp., 2007 WL 851744 (ED Cal. 2007), a true and correct copy of which is attached hereto as Exhibit C. 4. Harbor Freight hereby requests this 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 D. 5. Harbor Freight hereby requests this Court take judicial notice of the Ninth

Circuit's April 14, 2008 Order Certifying Questions to the Supreme Court of California entered in the case of Munson v. Del Taco, 06-56208, a true and correct copy of which is attached hereto as Exhibit E.

DATED: June 2, 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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08CV0563DMS POR REQUEST FOR JUDICIAL NOTICE