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2:12-cv-00578 #87

2:12-cv-00578 #87

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Published by Equality Case Files
Doc #87 - Plaintiffs' Request for Judicial Notice in Support of Motion for Summary Judgment
Doc #87 - Plaintiffs' Request for Judicial Notice in Support of Motion for Summary Judgment

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Published by: Equality Case Files on Sep 11, 2012
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12345678910111213141516171819202122232425262728JON W. DAVIDSON (
 pro hac vice
)TARA L. BORELLI (
 pro hac vice
)PETER C. RENN (
 pro hac vice
)SHELBI DAY (
 pro hac vice
)LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.3325 Wilshire Boulevard, Suite 1300Los Angeles, California 90010 jdavidson@lambdalegal.org, tborelli@lambdalegal.orgprenn@lambdalegal.org, sday@lambdalegal.orgTel: 213.382.7600 | Fax: 213.351.6050CARLA CHRISTOFFERSON (
 pro hac vice
)DAWN SESTITO (
 pro hac vice
)MELANIE CRISTOL (
 pro hac vice
)RAHI AZIZI (
 pro hac vice
)O’MELVENY & MYERS LLP400 South Hope StreetLos Angeles, California 90071cchristofferson@omm.com, dsestito@omm.commcristol@omm.com, razizi@omm.comTel: 213.430.6000 | Fax: 213.430.6407KELLY H. DOVE (Nevada Bar No. 10569)MAREK P. BUTE (Nevada Bar No. 09989)SNELL & WILMER LLP3883 Howard Hughes Parkway, Suite 1100Las Vegas, Nevada 89169kdove@swlaw.com, mbute@swlaw.comTel: 702.784.5200 | Fax: 702.784.5252
 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
BEVERLY SEVCIK, et al.,Plaintiffs,v.BRIAN SANDOVAL, et al.,Defendants,andCOALITION FOR THE PROTECTIONOF MARRIAGE,Defendant-Intervenor.No. 2:12-CV-00578-RCJ-PAL
 PLAINTIFFS’ REQUEST FOR JUDICIALNOTICE IN SUPPORT OF PLAINTIFFS’MOTION FOR SUMMARY JUDGMENT
Case 2:12-cv-00578-RCJ -PAL Document 87 Filed 09/10/12 Page 1 of 34
 
 
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Plaintiffs Beverly Sevcik and Mary Baranovich; Antioco Carrillo and Theodore Small;Karen Goody and Karen Vibe; Fletcher Whitwell and Greg Flamer; Mikyla Miller and KatrinaMiller; Adele Terranova and Tara Newberry; Caren Cafferata-Jenkins and Farrell Cafferata-Jenkins; and Megan Lanz and Sara Geiger (“Plaintiffs”), by and through their counsel,respectfully request that the Court take judicial notice, pursuant to Rule 201 of the Federal Rulesof Evidence, of the following items:(1)
 
Copies of web pages from the website for Defendant Carson City Clerk-RecorderAlan Glover (attached as Exhibit A), retrieved from:a.
 
http://www.carson.org/Index.aspx?page=88;b.
 
http://www.carson.org/Index.aspx?page=87;c.
 
http://www.carson.org/Index.aspx?page=2179; andd.
 
http://www.carson.org/Index.aspx?page=102.(2)
 
A copy of a web page from the website for Defendant Clark County Clerk DianaAlba, retrieved from http://www.clarkcountynv.gov/depts/clerk/Pages/default.aspx(attached as Exhibit B).(3)
 
A copy of excerpted material from the Nevada Secretary of State regarding theresults of the 2000 vote on Question 2, retrieved fromhttp://leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2000.pdf (attached as Exhibit C).(4)
 
A copy of excerpted material from the Nevada Secretary of State regarding theresults of the 2002 vote on Question 2, retrieved fromhttp://leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2002.pdf (attached as Exhibit D).(5)
 
A copy of an excerpt from the Social Security Administration’s (“SSA’s”)Program Operations Manual entitled “PR 02707.031 Nevada,” which wasretrieved from the SSA’s Program Operations Manual System athttps://secure.ssa.gov/poms.nsf/lnx/1502707031 (attached as Exhibit E).(6)
 
A copy of a web page entitled “Name Changes” from the website for the State of 
Case 2:12-cv-00578-RCJ -PAL Document 87 Filed 09/10/12 Page 2 of 34
 
 
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Nevada, Department of Motor Vehicles, retrieved fromhttp://www.dmvnv.com/namechange.htm (attached as Exhibit F).Federal Rule of Evidence 201(b) provides that a court may judicially notice “a fact that isnot subject to reasonable dispute because it: (1) is generally known within the trial court’sterritorial jurisdiction; or (2) can be accurately and readily determined from sources whoseaccuracy cannot reasonably be questioned.” As described below, the attached exhibits all areproper subjects for judicial notice as easily verifiable public records, and as self-authenticatingsources pursuant to the Federal Rules of Evidence.
 Exhibits A, B, E, and F are self-authenticating copies of web pages from official  government websites.
Exhibits A, B, E, and F consist of print-outs of web pages from the officialgovernment websites for Defendants Carson City Clerk-Recorder Alan Glover, Clark CountyClerk Diana Alba, the federal Social Security Administration, and Nevada’s Department of MotorVehicles, respectively. As this Court has recognized, “[i]n this new technological age, officialgovernment or company documents may be judicially noticed insofar as they are available via theworldwide web.”
 In re AgriBioTech Sec. Litig.
, Case No. CV-S-990144 PMP (LRL), 2000 U.S.Dist. LEXIS 5643, *4-5 (D. Nev. March 2, 2000);
see also
 
Simon v. Bank of Am.
,
 N.A.
, Case No.10-cv-00300-GMN-LRL, 2010 U.S. Dist. LEXIS 63480, *15 n.1 (D. Nev. June 23, 2010) (“TheCourt takes judicial notice of this information provided on the government website.”);
 Daniels- Hall v. Nat’l Educ. Ass’n
, 629 F.3d 992, 998-99 (9th Cir. 2010) (finding it “appropriate” to take judicial notice of information posted on school district websites “as it was made publiclyavailable by government entities” and there was no dispute about its authenticity). Additionally,all of these sources also are appropriate subjects for judicial notice because they are self-authenticating pursuant to Federal Rule of Civil Procedure 902(5) (defining as self-authenticating“[a] book, pamphlet, or other publication purporting to be issued by a public authority.”).
1
 
 Exhibits C and D are ballot materials issued by the Nevada Secretary of State, and thus are self-authenticating public records.
Exhibits C and D are properly subject to judicial noticeas official publications of the Nevada Secretary of State that have been archived online by the
1
Exhibits A and B also are admissible evidence for an independent reason: they eachqualify as party admissions pursuant to Federal Rule of Evidence 801(d)(2).
Case 2:12-cv-00578-RCJ -PAL Document 87 Filed 09/10/12 Page 3 of 34

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