UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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1 Case: , 08/09/2018, ID: , DktEntry: 35, Page 1 of 11 U.S. COURT OF APPEALS CASE NO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Jose R. Solano et al., Plaintiffs-Appellants, vs. Wells Fargo Bank, N.A. et al. Defendants-Appellees. Motion for Judicial Notice in Support of Answering Brief by Appellees Bank of America, N.A. and Deutsche Bank National Trust Company On Appeal From United States District Court Central District of California No.: 2:17-cv JFW-PJW The Honorable John F. Walter MCGUIREWOODS LLP LESLIE M. WERLIN SBN # CENTURY PARK EAST 8TH FLOOR LOS ANGELES, CA TEL: Attorneys for Bank of America, N.A. and Deutsche Bank National Trust Company

2 Case: , 08/09/2018, ID: , DktEntry: 35, Page 2 of 11 I. REQUEST TO TAKE JUDICIAL NOTICE In accordance with Federal Rule of Evidence 201 and in connection with the Answering Brief filed concurrently with this Request, Appellees Bank of America, N.A. and Deutsche Bank National Trust Company ( Bank of America Appellees ) hereby move this Court to take judicial notice that the Labor Day holiday in 2017 was September 4, This Court may determine the date of Labor Day in 2017 from Exhibits A and B attached hereto. II. DISCUSSION The Bank of America Appellees request is made pursuant to Federal Rule of Evidence 201(b) and (d), upon the grounds that: (i) the date of Labor Day in 2017 is not subject to reasonable dispute; (ii) it is an issue raised in Appellants opening brief; (iii) it is an issue addressed in the Bank of America Appellees answering brief at footnote 3; and (v) and Exhibits A and B hereto may be utilized by the Court to determine that date. Because [t]he court may take judicial notice at any stage of the proceeding, it may take judicial notice on appeal. Federal Rule of Evidence 201(d); see Bryant v. Carleson, 444 F.2d 353, 357 (9th Cir. 1971). In accordance with Rule 201(b)(2), [t]he court may judicially notice a fact that is not subject to 2

3 Case: , 08/09/2018, ID: , DktEntry: 35, Page 3 of 11 reasonable dispute because it:... can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned. Because a calendar date is not subject to reasonable dispute because the accuracy of a calendar date cannot be reasonably questioned, it is a proper subject for judicial notice. Horowitz v. GC Servs. Ltd. P ship, 2015 WL , at *3 (S.D. Cal. 2015); see also Mellen v. City of Los Angeles, 2016 WL , at *3 (C.D. Cal. 2016). Thus, the date of Labor Day in 2017 is a proper matter for judicial notice. The Court may properly use Exhibit A, which is information obtained from the United States Office of Personnel Management, at and Exhibit B, which is information obtained from the United States District Court for the Southern District of California, at to determine that September 4, 2017 was Labor Day in See King v. County of Los Angeles, 885 F.3d 548, 555 (9th Cir. 2018) (the Court will take judicial notice of undisputed and publicly available information displayed on government websites.) 3

4 Case: , 08/09/2018, ID: , DktEntry: 35, Page 4 of 11 III. CONCLUSION For the foregoing reasons, Bank of America respectfully requests that the Court take judicial notice that the Labor Day holiday in 2017 was September 4, Respectfully submitted, MCGUIREWOODS LLP By: /s/ Leslie M. Werlin Leslie M. Werlin Attorneys for Bank of America, N.A. and Deutsche Bank National Trust Company 4

5 Case: , 08/09/2018, ID: , DktEntry: 35, Page 5 of 11 EXHIBIT A 5

6 Federal Holidays Case: , 08/09/2018, ID: , DktEntry: 35, Page 6 of 11Page 1 of 1 U.S. OFFICE OF PERSONNEL MANAGEMENT SNOW & DISMISSAL PROCEDURES FEDERAL HOLIDAYS Holiday Schedule Date Monday, January 2* Monday, January 16 Monday, February 20** Monday, May 29 Tuesday, July 4 Monday, September 4 Monday, October 9 Friday, November 10*** Thursday, November 23 Monday, December 25 New Year's Day Holiday Birthday of Martin Luther King, Jr. Washington's Bhthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day *January 1, 2017 (the legal public holiday for New Year's Day), falls on a Sunday. For most Federal employees, Monday, January 2, will be treated as a holiday for pay and leave purposes. (See section 3 (a) of Executive order 11582, Februa1y 11, 1971.) Note: Inauguration Day, Januaiy 20, 2017, falls on a Friday. An employee who works in the District of Columbia, Montgomery or Prince George's Counties in Maryland, Arlington or Fairfax Counties in Virginia, or the cities of Alexandria or Fairfax in Virginia, and who is regularly scheduled to perform nonove1time work on Inauguration Day, is entitled to a holiday. (See 5 U.S.C. 6103(c).) There is no in-lieu-of holiday for employees who are not regularly scheduled to work on Inauguration Day./p> ** This holiday is designated as "Washington's Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law. *** November 11, 2017 (the legal public holiday for Veterans Day), falls on a Saturday, For most Federal employees, Friday, November 10, will be treated as a holiday for pay and leave purposes. (See 5 u.s.c. 6103(b).) 6 8/2/2018

7 Case: , 08/09/2018, ID: , DktEntry: 35, Page 7 of 11 EXHIBIT B 7

8 Case: , 08/09/2018, ID: , DktEntry: 35, Page 8 of 11 I CJA evducher I CM/ECF I Conlacl Us 8/2/2018 Court Info - Holidays h'on. Bony Ted i1)os!:ov.rit..z, Chie{Judqe Search this site.., p Horne Judues Allorncys Culendars CM/ECF Court Info Careers Jurors Rules Inlerprelers li.jewsworlhy CVB Citations Home > Court Info COURT HOLIDAY SCHEDULE 2016 Holiday Schedule ' 1/1/201~ I New Year's Day 1/18/20_!_~ IM~rt1n Luther K!ng oay 2/15/2016 [Wash-i~9t~-~~~ -Birthday Third Monday In February Third Monday In Jan_uary L-~J.31/2016 Cesar Chavez Day GO Open with minimal staffing ~ -~(~_(J/2016 Memorial D_c1_y.!:_~~t Monday In May 7/4/201'!._ Inde_pe~dence D~y- 9/5/2016 Labor Day first Monday In September I /10/2016 Columbus Day Second Monday In October 11/_11/2016 y~te_ra n:s _l?'-'.y I 11/24/2016 Thanksgi_ving Day - f_()urt_h!_~~_rsday ln November i 12/26/2016 Christmas Day Observed ' 2017 Holiday Schedule 1/2/2017 New Year's Day Observed 1/16/2017 1'_!~_~1_1!_!:~~~~-~ ~!n_g_ [?~Y_ Th_l_rd Mo~~_(l_y_(n, 0 J~a~ "='~'Y., _J 2/20/2017 Washington's Birthday Third Monday in ~~~c '~"~'~'Y'- J 3/31/2017 Cesar Chavez Day GO Open with minimal staffing 5/29/2017 Memorial Day Last Monday In May i 7/4/2017 Independence Day Observed 0 ~1~ ~/~2~0~1=7-~L~a~bo=c~D='=Y, 1,F 0.lr~~ Mo0.9~y In s~p-~4:'!1cb c'=c J 10/9/2017 Columbus Day Second Monday In October, 11/10/2017 Veteran's Day Observed i 11/23/2017 Thanksgiving Day Fourth Thursday In November L~2_/25_/20_17_ Chrls~rna~ D_ay 0~~1:0'.':!_ , I ; 2018 Holiday Schedule /1/ fnew Ye; r s Day I observed 1/15/2018 Martin Luther Klng Day Third Monday In January i 2/19/2018 Washington's Birthday 1 Th!rd Mon_day_J_n _February i 3_/30/~01~ /28/2018 7/4/2018 ' i 9/3/ /8/2018, /12/2018 I I 11/22/ /25/2018 Ce_sar Cha\lez Da_L_ Memorial Day Independence Day L_abor_ Day ~olumbus Day Veteran's Day Thanksgiving Day Christmas Day GO Open with minima! staffing _Last Monday In May Observed First Monday rn September 1-i_eco~d M~~d-~Y ]~- October Observed IFourth Thursday In November 7observed - Attorneys Admissions Capit.:il Habeas Case materla!s CJA Appointments Pro Bono FAQ Court Info Locations Community Outreach for Proposed Orders FAQ Genera! Information 8 Other Agencies U,S, Bankruptcy U.S. Marshal U.S. ProbnUon U.S. Pretrial U.S. Attorney's Offk:e 1/2

9 8/ Fonns Transcripts Jurors Reportin9 Instrudions Juror Information What's Federal Court Jury Duty F/\Q Jury Lucalion Case: , 08/09/2018, ID: , Court Info - Holidays DktEntry: 35, Page 9 of 11 Holidays Naturalization Reference Documents Telephone List Employment Career Oppmtunltles Judicial Clerkship and Externships Administrative Offlce 9th Circuit Court of Appeals 9th Circuit Executive Pro Bono Panet other USA v, ltskow!tz, Wellman, Grayson, Levine, et al USA v. Fall brook Public Utillty District In Re: Incretln Mimetics Products Liability Litigation MDL Copyright 2013 U.S. District Court - CASO

10 Case: , 08/09/2018, ID: , DktEntry: 35, Page 10 of 11 9th Circuit Case Number(s) NOTE: For readability and security, print the filled-in form to PDF (File > Print > PDF Printer/Creator). You may also fill in the form, print it, and then scan the filled-in form to a PDF file. ***************************************************************************** CERTIFICATE OF SERVICE When All Case Participants are Registered for the CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the CM/ECF system on (date). I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. Signature (use "s/" format) ***************************************************************************** CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the CM/ECF System I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the CM/ECF system on (date) August 9, Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-cm/ecf participants: See Attached Service List Signature (use "s/" format) /s/leslie M. Werlin 10 American LegalNet, Inc.

11 Case: , 08/09/2018, ID: , DktEntry: 35, Page 11 of 11 Ivory Chopin 2049 Carver Dr. Marrero, LA Arlene Hudson P.O. Box 8212 Moreno Valley, CA Carmelita Rupnow 582 North Windsor Boulevard Los Angeles, CA Frederic Glade 512 Ladin Lane Lakeway, TX Al McZeal 2620 Fashion Avenue Long Beach, CA Soledad Solano 1330 Bentley Court West Covina, CA

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No John Teixeira; et al., Plaintiffs/Appellants,

Case: 13-17132 06/16/2014 ID: 9133029 DktEntry: 37-1 Page: 1 of 6 (1 of 7) UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 13-17132 John Teixeira; et al., Plaintiffs/Appellants, v. County of Alameda;