3:09-cv-02292 #335

Case3:09-cv-02292-VRW Document335 Filed12/31/09 Page1 of 5
1 THOMAS R. BURKE (State Bar No. 141930)

JEFF GLASSER (State Bar No. 252596)
2 DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
3 San Francisco, California 94111-6533
Telephone: (415) 276-6500
4 Facsimile: (415) 276-6599
E-mail: thomasburke@dwt.com; jeffglasser@dwt.com
5
Attorneys for Non-Party Media Coalition
6 ABC NEWS; KGO TV; KABC TV; CABLE NEWS
NETWORK; IN SESSION (formerly known as “COURT
7 TV”); FOX NEWS; NBC UNIVERSAL, INC.; CBS
NEWS; HEARST CORPORATION; DOW JONES &
8 COMPANY, INC.; THE ASSOCIATED PRESS; and
NORTHERN CALIFORNIA CHAPTER OF
9 RADIO & TELEVISION NEWS DIRECTORS
ASSOCIATION
10
UNITED STATES DISTRICT COURT
11
DAVIS WRIGHT TREMAINE LLP
NORTHERN DISTRICT OF CALIFORNIA

12
13 KRISTIN PERRY; SANDRA B. STIER; PAUL T. ) Case No. C 09-2292
KATAMI; JEFFREY J. ZARRILLO, ) Assigned to the Hon. Vaughn R.
14 ) Walker
Plaintiffs, )
15
) NON-PARTY MEDIA
vs. ) COALITION’S REQUEST FOR
16
) JUDICIAL NOTICE IN
ARNOLD SCHWARZENEGGER, in his official ) SUPPORT OF REQUEST FOR
17 capacity as governor of California; EDMUND G.
BROWN, JR., in his official capacity as attorney
) ORDER PERMITTING
18 general of California; MARK B. HORTON, in his ) TELEVISION COVERAGE OF
official capacity as director of the California ) THE TRIAL; DECLARATION
19 Department of Public Health and state registrar of ) OF THOMAS R. BURKE WITH
vital statistics; LINETTE SCOTT, in her official ) EXHIBITS A-E
20 capacity as deputy director of health information & )
strategic planning for the California Department of ) Date: 10 a.m.
21 Public Health; PATRICK O’CONNELL, in his ) Time: January 6, 2010
official capacity as clerk-recorder of the County of ) Ctrm.: 6
22 Alameda; and DEAN C. LOGAN, in his official )
capacity as registrar-recorder/county clerk for the )
23 County of Los Angeles, )
24 )
Defendants )
25 DENNIS HOLLINGSWORTH, GAIL J. KNIGHT,
)
MARTIN F. GUTIERREZ, HAKSHING WILLIAM )
26 TAM, and MARK A. JANSSON, as official )
proponents of Proposition 8, )
27 )
Defendant-Intervenors. )
28 )
REQUEST FOR JUDICIAL NOTICE
Case No.: C 09-2292
DWT 13748550v1 0050033-000045
1 The Non-Party Media Coalition respectfully requests that the Court take judicial notice of
2 the following documents pursuant to Federal Rule of Evidence 201:
3 1. The December 17, 2009 press release titled “Ninth Circuit Judicial Council
4 Approves Experimental Use of Cameras in District Courts.” A true and correct copy of the press
5 release is attached as Exhibit A.
6 2. The Final Report of the Subcommittee on Free Press-Fair Trial submitted January
7 5, 1967 by the California Assembly Interim Committee on the Judiciary. A true and correct copy
8 of the Assembly committee’s Final Report is attached as Exhibit B.
9 3. The Report and Supplemental Report issued in 1994 by the Federal Judicial Center
10 and titled “Electronic Media Coverage of Federal Civil Proceedings: An Evaluation of the Pilot
11 Program in Six District Courts and Two Courts of Appeal.” True and correct copies of the
12 Federal Judicial Center Report and Supplemental Report are attached as Exhibit C.
13 4. The 1981 Evaluation of California’s Experiment With Extended Media Coverage
14 of Courts commissioned by the Judicial Council of California. A true and correct copy of the
15 Evaluation is attached as Exhibit D.
16 5. The 1996 Final Report from the Task Force on Photographing, Recording and
17 Broadcasting in the Courtroom commissioned by the Judicial Council of California. A true and
18 correct copy of the Task Force Final Report is attached as Exhibit E.
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Case No.: C 09-2292
DWT 13748550v1 0050033-000045
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 Federal Rule of Evidence 201(b) authorizes this Court to take judicial notice of any fact
3 that is “not subject to reasonable dispute in that it is … capable of accurate and ready
4 determination by resort to sources whose accuracy cannot reasonably be questioned.” Federal
5 courts have recognized that “[p]ublic records and government documents are generally considered
6 not to be subject to reasonable dispute,” including public records downloaded from the Internet.
7 United States ex rel. Dingle, et al. v. Bioport Corp., 270 F. Supp. 2d 968, 972 (W.D. Mich. 2003)
8 (internal quotation marks omitted); see also Barron v. Reich, 13 F.3d 1370, 1377 (9th Cir. 1994)
9 (“Records and reports of administrative bodies …. clearly constitute” materials of which “the
10 court may take judicial notice”); Jimenez v. Domino’s Pizza, 238 F.R.D. 241, 246 (2006) (stating
11 that “[a] court may … take judicial notice of the contents of public records” as well as “[t]he
12 content of records and reports of administrative bodies”).
13 In this case as in the above ones, Exhibits A-E contain records and reports issued by public
14 administrative agencies (the Judicial Council of the Ninth Circuit, the Federal Judicial Center and
15 the Judicial Council of California) and the Legislature (Assembly Interim Committee on the
16 Judiciary). Accordingly, the Media Coalition respectfully requests that the Court take judicial
17 notice of these public records and reports.
18
19 DATED: December 31, 2009 DAVIS WRIGHT TREMAINE LLP

THOMAS R. BURKE
20 JEFF GLASSER
21
By: : /s/
22 Thomas R. Burke
23
Attorneys for Non-Party Media Coalition
24 ABC NEWS; KGO TV; KABC TV; CABLE
NEWS NETWORK; IN SESSION (formerly
25 known as “COURT TV”); FOX NEWS; NBC
UNIVERSAL, INC.; CBS NEWS; HEARST
26 CORPORATION; DOW JONES & COMPANY,
INC.; THE ASSOCIATED PRESS; and
27 NORTHERN CALIFORNIA CHAPTER OF
RADIO & TELEVISION NEWS DIRECTORS
28 ASSOCIATION
2
Case No.: C 09-2292
DWT 13748550v1 0050033-000045
1 DECLARATION OF THOMAS R. BURKE
2 I, Thomas R. Burke, declare:
3 1. I am an attorney admitted to practice before all the courts of the State of California
4 and before this Court. I am an a partner in the law firm of Davis Wright Tremaine LLP (“DWT”),
5 and am representing the non-party Media Coalition in this matter. The facts stated below are true
6 of my own personal knowledge, and, if called to testify, I could and would competently testify
7 thereto.
8 2. Attached as Exhibit A is a true and correct copy of the December 17, 2009 press
9 release titled “Ninth Circuit Judicial Council Approves Experimental Use of Cameras in District
10 Courts.” I downloaded a copy of the press release from
11 http://www.ce9.uscourts.gov/cm/articlefiles/137-Dec17_Cameras_Press%20Relase.pdf .
12 3. Attached as Exhibit B is a true and correct copy of The Final Report of the
13 Subcommittee on Free Press-Fair Trial submitted January 5, 1967 by the California Assembly
14 Interim Committee on the Judiciary.
15 4. Attached as Exhibit C is a true and correct copy of The Report and Supplemental
16 Report issued in 1994 by the Federal Judicial Center and titled “Electronic Media Coverage of
17 Federal Civil Proceedings: An Evaluation of the Pilot Program in Six District Courts and Two
18 Courts of Appeal.”
19 5. Attached as Exhibit D is a true and correct copy of The 1981 Evaluation of
20 California’s Experiment With Extended Media Coverage of Courts commissioned by the Judicial
21 Council of California.
22 6. Attached as Exhibit E is a true and correct copy of The 1996 Final Report from the
23 Task Force on Photographing, Recording and Broadcasting in the Courtroom commissioned by
24 the Judicial Council of California.
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Case No.: C 09-2292
DWT 13748550v1 0050033-000045
1 I declare under penalty of perjury that the following is true and correct and that this
2 declaration was executed on December 31, 2009 at San Francisco, California.
3
/s/
4 Thomas R. Burke
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Case No.: C 09-2292
DWT 13748550v1 0050033-000045
Case3:09-cv-02292-JW Document335-1 Filed12/31/09 Page1 of 3
Case3:09-cv-02292-VRW Document335-2 Filed12/31/09 Page1 of 24

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Case3:09-cv-02292-VRW Document335 Filed12/31/09 Page1 of 5

1 THOMAS R. BURKE (State Bar No. 141930)

NORTHERN DISTRICT OF CALIFORNIA

2 the following documents pursuant to Federal Rule of Evidence 201:

5 release is attached as Exhibit A.

8 of the Assembly committee’s Final Report is attached as Exhibit B.

13 4. The 1981 Evaluation of California’s Experiment With Extended Media Coverage

15 Evaluation is attached as Exhibit D.

18 correct copy of the Task Force Final Report is attached as Exhibit E.

1 MEMORANDUM OF POINTS AND AUTHORITIES

4 determination by resort to sources whose accuracy cannot reasonably be questioned.” Federal

12 content of records and reports of administrative bodies”).

17 notice of these public records and reports.

19 DATED: December 31, 2009 DAVIS WRIGHT TREMAINE LLP

1 DECLARATION OF THOMAS R. BURKE

2 I, Thomas R. Burke, declare:

10 Courts.” I downloaded a copy of the press release from

14 Interim Committee on the Judiciary.

19 5. Attached as Exhibit D is a true and correct copy of The 1981 Evaluation of

23 Task Force on Photographing, Recording and Broadcasting in the Courtroom commissioned by

24 the Judicial Council of California.

2 declaration was executed on December 31, 2009 at San Francisco, California.

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