Milne ex rel. Coyne v. Stephen Slesinger, Inc.

Good Law
156 F. App'x 960
United States Court of Appeals for the Ninth CircuitDecember 8, 2005No. 04-57189; D.C. No. CV-02-08508-FMCCalifornia410 words

Opinion

Lead Opinion

*961 MEMORANDUM *

The parties have filed several motions over the course of this appeal. First, the appellee, Steven Slesinger, Inc. (“SSI”), has filed a motion for the court to take judicial notice of the following alleged facts: (1) in 1982, a Michael Brown was appointed as the receiver for the appellant, Clare Milne (“Milne”); (2) in 1972, Christopher Milne assigned half of his share in the Pooh Properties Trust to Brown and another individual in trust for Milne; (3) in March and April 1983, Milne was a beneficiary of the Pooh Properties Trust; and (4) the contents of a March 31,1983 agreement between the Pooh Properties Trust and Disney. Second, SSI filed a motion to strike portions of Milne’s reply brief, namely: (1) Milne’s denial that she has proceeded in lock step with Disney throughout this litigation, and (2) Milne’s elaboration on the record of SSI’s state court litigation with Disney. Finally, Milne objects to a notice of errata by which SSI corrects a mistaken citation in its answering brief, substituting its citation of 17 U.S.C. § 304(c) with 17 U.S.C. § 203(a). We deny all three motions.

The first three items submitted by SSI for judicial notice are not facts…

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