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GREGORY S. HOLLISTER,
No. 09-5080
Appellant, Consolidating No. 09-5161
v.
Appellees.
Notice ("Motion") being decided without a response. Appellees did not respond to
patently meritless and a further waste of this Court's time and resources.
The issues on appeal in this case are (1) whether Appellants have stated a
claim under the interpleader statute by alleging a cognizable stake and by meeting
interpleader's adversity requirement; and, relatedly, (2) whether the district court
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Case: 09-5080 Document: 1213344 Filed: 10/30/2009 Page: 2
the issues raised on appeal and therefore judicial notice should not be taken. See
Larson v. Dep't of State, 565 F.3d 857, 870 (D.C. Cir. 2009) ("We deny the
plaintiffs' request for judicial notice . . . because those articles are irrelevant to our
inquiry; taking notice of them would not affect our opinion."); see also, e.g.,
Trans-Sterling, Inc. v. Bible, 804 F.2d 525, 528 (9th Cir. 1986) (noting that a court
need not take judicial notice of irrelevant facts); United States v. Byrnes, 644 F.2d
107, 112 (2d Cir. 1981) (holding that a trial court properly refused to take judicial
Further, Rule 201 only permits judicial notice of "adjudicative facts" that are
"(1) generally known within the territorial jurisdiction of the . . . court or (2)
cannot reasonably be questioned." Fed. R. Evid. 201(b); see Charles Alan Wright
& Kenneth W. Graham, 21B Federal Practice and Procedure: Evidence § 5110.1
(2d ed. 2005) (stating that Fed. R. Evid. 201 applies to judicial notice
uncertain authorship that are laden with speculation and opinion, making them
incapable of accurate and ready determination. See Blue Man Vegas, LLC v.
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Case: 09-5080 Document: 1213344 Filed: 10/30/2009 Page: 3
N.L.R.B., 529 F.3d 417, 427 n. * (D.C. Cir. 2008) (declining to take notice of
published commentary and opinion); Forsham v. Califano, 587 F.2d 1128, 1138
By: /s/
Robert F. Bauer
RBauer@perkinscoie.com
Kate E. Andrias
Andrew H. Werbrock
607 Fourteenth Street N.W.
Washington, D.C. 20005-2003
Telephone: 202.628.6600
Facsimile: 202.434.1690
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Case: 09-5080 Document: 1213344 Filed: 10/30/2009 Page: 4
GREGORY S. HOLLISTER,
No. 09-5080
Appellant, Consolidating No. 09-5161
v.
CERTIFICATE OF SERVICE
BARRY SOETORO, in his capacity
as a natural person; de facto
President in posse; and as de jure
President in posse, also known as
Barack Obama, et al.,
Appellees.
CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of October, 2009, I caused to be served
by electronic filing a copy of this Motion on the following counsel for Appellants
Lawrence J. Joyce
1517 N. Wilmot Road,
Suite 215
Tucson, AZ 85712
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Case: 09-5080 Document: 1213344 Filed: 10/30/2009 Page: 5
By: /s/
Robert F. Bauer
607 Fourteenth Street N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600