Slevin

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on Defendant’s Motion to Dismiss [# 10]. In an order dated May 8, 2000, the Court converted defendant’s motion to a Motion for Summary Judgment. The parties filed supplemental briefs and accompanying declarations. Defendant filed a reply brief including Evidentiary Objections to Declaration of John P. Slevin in Support of Plaintiffs’ Opposition to Defendant’s Motion for Summary Judgment. Defendants also have filed two requests for Judicial Notice. Having read and considered the papers submitted by the parties and being fully informed, the Court hereby GRANTS defendant’s Motion for Summary Judgment, SUSTAINS in part and OVERRULES in part defendant’s objections to evidence, and GRANTS defendant’s Request for Judicial Notice.

I. BACKGROUND

A. The Incident

On November 6, 1998, plaintiffs, Lionel Weisberg and John Slevin, in an effort to register voters, engaged in petitioning activities immediately outside the Main Exit to Home Depot’s Pittsburg, California store. (Cmplt. at ¶ 7; Norris Decl. at ¶ 15). Prior to commencing their activities and pursuant to Home Depot’s requirements, plaintiffs…