Harris

Harris v. Stonecrest Care Auto Center, LLC

Good Law
559 F. Supp. 2d 1088·2008 WL 818502·2008 U.S. Dist. LEXIS 23391
United States District Court, Southern District of CaliforniaMarch 25, 2008Case 04CV2593-LAB(LSP)California1,073 words

Opinion

Opinion

Burns, J.

ORDER DENYING MOTION FOR ATTORNEY’S FEES

Following dismissal of all claims at trial for lack of jurisdiction, Defendants filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 12205 , 28 U.S.C. § 1927 , and Fed.R.Civ.P. 11 and 54. Their motion was supported by a memorandum of points and authorities (“Fee Mem.”)

Defendants have asked the Court to take judicial notice of several documents, including the original and amended complaints in this action, certain interrogatory responses, and certain exhibits in support of one of Plaintiffs motions in limine. Because these documents are all part of the docket in this case, parties need not formally request judicial notice. Because Defendants have requested it, however, and because notice is appropriate under Fed. R.Evid. 201, these requests are GRANTED. Defendants have also asked the Court to take judicial notice of an order of dismissal in an unpublished case in which attorney’s fees were awarded. (Fee Mem. at 3:25-4:3.) This case, brought in the Central District of California, involved different parties. In essence, Defendants are asking this Court to rely on this order as having precedential value. This request is…

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