Logan v. Superior Court of California, County of Napa et al

Northern District of California, cand-4:2015-cv-01573

ORDER striking exhibits to Defendant Jeffrey W. Parks' {{10}} MOTION to Dismiss. Defendant may file a request for judicial notice by 6/1/2015. Signed by Judge Kandis A. Westmore on 5/26/2015. (kawlc1, COURT STAFF) (Additional attachment(s) added on 5/29/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DARRELL P. LOGAN, 7 Case No. 15-cv-01573-KAW Plaintiff, 8 ORDER REGARDING DEFENDANT v. JEFFREY W. PARKS' MOTION TO 9 DISMISS; ORDER REQUIRING MR. SUPERIOR COURT OF CALIFORNIA, PARKS TO REGISTER FOR ECF 10 COUNTY OF NAPA, et al., Re: Dkt. No. 10 11 Defendants. 12 Northern District of California United States District Court 13 On May 4, 2015, Defendant Jeffrey W. Parks filed a motion to dismiss and attached 14 exhibits to the motion, which is improper, because a district court may not generally consider any 15 material beyond the pleadings in ruling on a 12(b)(6) motion to dismiss for failure to state a claim. 16 Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). 17 Notwithstanding, a district court may take notice of facts not subject to reasonable dispute 18 that are "capable of accurate and ready determination by resort to sources whose accuracy cannot 19 reasonably be questioned." Fed. R. Evid. 201(b); United States v. Bernal–Obeso, 989 F.2d 331, 20 333 (9th Cir. 1993). "[A] court may take judicial notice of 'matters of public record,'" Lee, 250 21 F.3d at 689 (citing Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986)), and may 22 also consider "documents whose contents are alleged in a complaint and whose authenticity no 23 party questions, but which are not physically attached to the pleading" without converting a 24 motion to dismiss under Rule 12(b)(6) into a motion for summary judgment. Branch v. Tunnell, 25 14 F.3d 449, 454 (9th Cir. 1994), overruled on other grounds by Galbraith v. Cnty. of Santa Clara, 26 307 F.3d 1119 (9th Cir. 2002). 27 Accordingly, the attached exhibits are stricken, and Mr. Parks may file a request for 28 judicial notice on or before June 1, 2015. Although all exhibits appear to be court filings, and 1 therefore matters of public record, should Plaintiff object to the request for judicial notice, he may 2 file an objection on or before June 18, 2015. The Court will still hold the hearing on Defendant's 3 motion to dismiss on June 18, 2015 at 11:00 a.m. 4 The Court also notes that Mr. Parks is not registered with the court's Electronic Case 5 Filing ("ECF") system. All attorneys are obligated to register and participate in their respective 6 cases electronically, and are not permitted to file manually. See Civil L.R. 5-1(c). That Defendant 7 is representing himself does not relieve him of this requirement. Therefore, Mr. Parks shall 8 immediately register as an ECF user and all future filings must be filed electronically. 9 IT IS SO ORDERED. 10 Dated: May 26, 2015 __________________________________ 11 KANDIS A. WESTMORE 12 United States Magistrate Judge Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2