| ELIAS MAKERE, FSA, MAAA Plaintiff vs. ALLSTATE INSURANCE COMPANY, Defendant |
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Case No (LT): 3:20-cv-00905-MMH-LLL Division: (3) Jacksonville |
PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF
'PLAINTIFF'S MOTION FOR JUDICIAL NOTICE... DATED 4/10/19)'
In short, Plaintiff hereby asks this Court to hold a telephonic/video hearing on Reality (Rule 201(e) Fed. R. Evid.; Rule 78 Fed. R. Civ. P.; Local Rule 3.01(h) USFLMD). Whereby Defendant will have an opportunity to be heard – so that it can try to refute: (a) why Reality should be granted; and (b) why Plaintiff’s April 10, 2019 filing date should be controlling.
The parameters of the matter can be summarized as follows:
2. On February 9, 2021, Plaintiff filed Reality.
3. Therein, he asked this Court to take judicial notice of the filing date on the administrative charge [of discrimination] that he filed against Defendant.
b. A filing date, notably, that the State of Florida set with its official timestamp (see §760.11(1) FS).
c. A filing date, crucially, that equaled April 10, 2019.
5. On October 31, 2023, Defendant filed a motion for summary judgment (“That Motion”) {#99}.
b. Plaintiff’s response took dozens of hours to complete (assembling evidence; researching; writing; proofreading; etc.).
ii. Plaintiff’s interlocutory appeal was deemed premature; and
iii. Plaintiff has been unable to expound on additional topics, because this Court’s local rules (ie, 3.01(a)(b)) limit the size of his motions/responses.
9. As the record shows, Plaintiff filed Reality under Rule 201 Fed. R. Evid. A rule which states that parties have a right to a hearing:
“a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.”10. As the federal courts of appeal have dictated, the district courts – such as this tribunal – must take judicial notice (highlights added):
“Under Rule 201(d), Federal Rules of Evidence, a district court must take judicial notice "if requested by a party and supplied with the necessary information." Rule 201(d).”11. In the instant case, Plaintiff has supplied this Court (as well as Defendant) with the necessary information.
b. Secondly, Reality satisfies Rule 201(b)(2) because Plaintiff’s administrative charge (which received the official government timestamp) is a government document. Thus, it can be “accurately and readily determined from sources whose accuracy cannot reasonably be questioned.”
13. A hearing, importantly, that Plaintiff expects will take only 5-10 minutes to complete.1/ A hearing, importantly, that Defendant can use to concede the truth; thereby saving this proceeding from further delay/obstruction.
CONCLUSION
Dated this 17th day of November 2023.
/s/ Elias Makere
Elias Makere, FSA, MAAA
Plaintiff
PO Box 324
Hobart, IN 46342
P: 904.294.0026
E: Justice.Actuarial@gmail.com
W: TextBookDiscrimination.com
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