EDMUND G. BROWN JR Attorney General of California...

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION TO STAY PROCEEDINGS AND, ALTERNATIVELY, TO CONTINUE DISPOSITIVE MOTION FILING AND HEARING DATES (CV 09-1471 CW (JCS))

EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Acting Senior Assistant Attorney General RANDALL A. PINAL Deputy Attorney General State Bar No. 192199

110 West A Street, Suite 1100 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 645-3075 Fax: (619) 645-2012 E-mail: [email protected]

Attorneys for Defendant State of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

BIG LAGOON RANCHERIA, a Federally Recognized Indian Tribe,

Plaintiff,

v.

STATE OF CALIFORNIA,

Defendant.

CV 09-1471 CW (JCS)

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION TO STAY PROCEEDINGS AND, ALTERNATIVELY, TO CONTINUE DISPOSITIVE MOTION FILING AND HEARING DATES

(Fed. R. Evid. 201)

Date: April 8, 2010 Time: 2 p.m. Courtroom: 2, Fourth Floor Judge: The Honorable Claudia Wilken Trial Date: n/a Action Filed: April 3, 2009

Defendant State of California (State) respectfully requests this Court to take judicial notice

of the following documents, true and correct copies of which are attached hereto as exhibits:

A. Memorandum from George T. Skibine, Deputy Assistant Secretary for Policy and Economic Development, Office of the Assistant Secretary—Indian Affairs, to Regional Directors regarding Application of the Holding in Carcieri v. Salazar to Pending Requests to Acquire Land in Trust (Mar. 12, 2009);

B. Ten Years Of Tribal Government Under I.R.A. by Theodore H. Haas, Chief Counsel, United States Indian Service (1947); and

Case4:09-cv-01471-CW Document68-1 Filed03/25/10 Page1 of 2

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION TO STAY PROCEEDINGS AND, ALTERNATIVELY, TO CONTINUE DISPOSITIVE MOTION FILING AND HEARING DATES (CV 09-1471 CW (JCS))

C. Memorandum from United States Bureau of Indian Affairs, Superintendent, Northern California Agency, regarding “Request for Solicitor’s Opinion on Acquisition of Permanent Road Right of Way to Big Lagoon Rancheria” (Mar. 29, 1983).

The State make this request pursuant to Federal Rule of Evidence 201(b), which authorizes

this Court to take judicial notice of a fact “not subject to reasonable dispute in that it is either (1)

generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and

ready determination by a resort to sources whose accuracy cannot reasonably be questioned.”

Rule 201(d) makes judicial notice mandatory if requested by a party and the Court is supplied

with the necessary information.

A court may take judicial notice of records and reports of administrative bodies. Interstate

Nat. Gas. Co. v. Southern Cal. Gas Co., 209 F.2d 380, 385 (9th Cir. 1954). The documents in

Exhibits A, B and C are official records of the United States Department of the Interior. The

documents are self-authenticating under Federal Rule of Evidence 902(5) and properly subject to

judicial notice.

Dated: March 25, 2010

Respectfully submitted,

EDMUND G. BROWN JR. Attorney General of California SARA J. DRAKE Acting Senior Assistant Attorney General

s/Randall A. Pinal RANDALL A. PINAL Deputy Attorney General Attorneys for Defendant State of California

SA2009309375 80444859.doc


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EDMUND G. BROWN JR Attorney General of California...

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