Exhibit “C”

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REQUEST FOR JUDICIAL NOTICE 

Thomas H. Bienert, Jr., State Bar No. 135311 

tbienert@bmkattorneys.com

Kenneth M. Miller, State Bar No. 151874 

kmiller@bmkattorneys.com

Anthony R. Bisconti, State Bar No. 269230 

tbisconti@bmkattorneys.com

BIENERT, MILLER & KATZMAN, PLC

903 Calle Amanecer, Suite 350

San Clemente, California 92673 

Telephone (949) 369-3700

Facsimile (949) 369-3701

Attorneys for James Larkin

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION

In the Matter of the Seizure of: 

Any and all funds held in Republic 

Bank of Arizona Account(s) xxxx1889, 

xxxx2592, xxxx1938, xxxx2912, and, 

xxxx2500.

Case No. 18-MJ-00722

REQUEST FOR JUDICIAL NOTICE 

[Filed concurrently herewith are the following: 

Notice of Motion and Motion to Vacate or 

Modify Seizure Warrants; Declarations of 

James Larkin, Michael Lacey, John Brunst, 

Scott Spear, Margaret Larkin, Troy Larkin, 

Ramon Larkin, and Antoinette Thomas; Notice 

of Related Cases; Application to File Under 

Seal]

8/1/18

CS

FILED CLERK, U.S. DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

BY: ___________________ DEPUTY

8/1/18

CV18-6742-RGK(MMAx)

Case 2:18-cv-06742-RGK-PJW Document 8 Filed 08/01/18 Page 1 of 1556 Page ID #:411 Case 2:18-cr-00422-DJH Document 288-1 Filed 08/29/18 Page 2 of 6
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2

Movant James Larkin (“Larkin”) respectfully requests, pursuant to Federal Rule of 

Evidence 201, that this Court take judicial notice of certain documents identified below, 

true and correct copies of which are attached hereto as Exhibits 1-35.1

 This request is based 

on the points and authorities set forth herein, the pleadings, records, and papers on file in 

this action, and such other evidence and oral argument as may be presented at any hearing 

on this request. 

The documents attached hereto as Exhibits 1-35 are proper subjects of judicial notice 

under Federal Rule of Evidence 201, which provides judicial notice of facts that “are not 

subject to reasonable dispute” because they “can accurately and steadily be determined from 

sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b). Pursuant 

to Rule 201, “[t]he court can take judicial notice of court filings and other matters of public

record.” See United States v. Menendez, No. 11-cv-06313, 2013 WSL 828926, at *4 (C.D. 

Cal. March 6, 2013) (citing Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 

n.6 (9th Cir. 2006)); Garcia v. Mata, No. 11-cv-6799, 2012 WL 5499938, at *1 n.1 (C.D. 

Cal. Oct. 10, 2012) (a “court may take judicial notice of matters of public record including 

court records in other actions”) (citing Mir. V. Little Co. of Mary Hosp., 844 F.2d 646, 649 

(9th Cir. 1988)).

Larkin specifically requests that the Court take judicial notice of the following 

materials filed in the following cases, each of which is pending in the United States District 

Court for the Central District of California: 

Case No. Document Description Exh. No.

2:18-mj-00712 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

1

2:18-mj-00712 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

2

1

 Due to the sensitive and private information contained in the referenced exhibits, they are being filed 

under seal subject to the Court’s authorization in a concurrently filed application pursuant to Local Rule 

79-5.2.2. 

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2:18-mj-00713 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 10

3

2:18-mj-00713 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 6

4

2:18-mj-00715 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 10

5

2:18-mj-00715 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 6

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2:18-mj-00716 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

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2:18-mj-00716 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

8

2:18-mj-00718 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 10

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2:18-mj-00718 (Amended) Seizure Warrant, filed April 9, 2018 as Dkt. 

No. 7

10

2:18-mj-00719 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 7

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2:18-mj-00719 (Amended) Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

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2:18-mj-00720 Amended Order Unsealing the Application for Seizure 

Warrant, Affidavit and Seizure Warrant entered May 16, 

2018 as Dkt. No. 8

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2:18-mj-00720 (Amended) Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

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2:18-mj-00721 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 9

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2:18-mj-00721 Seizure Warrant, filed March 28, 2018 as Dkt. No. 4 16

2:18-mj-00721 Amended Application and Affidavit for Seizure Warrant

filed March 28. 2018

17

2:18-mj-00722 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

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2:18-mj-00722 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

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2:18-mj-00723 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

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2:18-mj-00723 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

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2:18-mj-00724 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

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2:18-mj-00724 Amended Seizure Warrant, filed March 28, 2018 as Dkt. 

No. 4

23

2:18-mj-00751 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 7

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2:18-mj-00751 Seizure Warrant, filed March 28, 2018 as Dkt. No. 3-1 25

2:18-mj-00797 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 8

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2:18-mj-00797 (2nd Amended) Seizure Warrant, filed April 9, 2018 as Dkt. 

No. 6

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2:18-mj-00798 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 9

28

2:18-mj-00798 (Amended) Seizure Warrant, filed April 4, 2018 as Dkt. 

No. 3

29

2:18-mj-00996 Application and Affidavit for Seizure Warrant filed April 

26, 2018

30

2:18-mj-00996 Seizure Warrant filed April 26, 2018 as Dkt. No. 3 31

2:18-mj-00996 Notice of Errata filed on May 9, 2018 as Dkt. No. 5 32

2:18-mj-00997 Order Unsealing the Application for Seizure Warrant, 

Affidavit and Seizure Warrant entered May 16, 2018 as 

Dkt. No. 6

33

2:18-mj-00997 Seizure Warrant, filed April 26, 2018 as Dkt. No. 3 34

2:18-mj-01427 Seizure Warrant, filed April 26, 2018 as Dkt. No. 1-1 35

Judicial notice of the existence, filing, and content of these documents is appropriate 

because they are capable of accurate and ready determination by resort to sources whose 

accuracy cannot reasonably be questioned. Additionally, the Court may take judicial notice 

on its own. See Fed. R. Evid. 201(c)(1). 

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For the foregoing reasons, Larkin respectfully requests that the Court take judicial 

notice of the documents listed above.

Dated: July 31, 2018 BIENERT, MILLER & KATZMAN, PLC

 By: /s/ Thomas H. Bienert

 Thomas H. Bienert

 Kenneth M. Miller

 Anthony R. Bisconti

 Attorneys for James Larkin

440773-1 

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