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G | PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDICIAL NOTICE

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA, JACKSONVILLE DIVISION

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)'

Plaintiff, ELIAS MAKERE, on this 17th day of November 2023, hereby files this memorandum of law in support of ‘Plaintiff’s Motion for Judicial Notice of Plaintiff’s Full Administrative Complaint (Dated 4/10/19)” (hereinafter “Reality”) {#41}. Pursuant to Local Rule 3.01(a) USFLMD, a motion may be filed together with any memorandum of law.

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:
1. Plaintiff initiated this lawsuit on August 12, 2020.

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.
a. A filing date, notably, that was substantiated by an email (as prescribed by state regulation60Y-2.005(5) FAC).

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.
4. Importantly, this Court has yet to rule on Reality.

5. On October 31, 2023, Defendant filed a motion for summary judgment (“That Motion”) {#99}.
a. Therein, the former employer claimed that Plaintiff’s filing date was April 26, 2019 (while never mentioning the true filing date).
i. A false claim that Defendant based its arguments on.
6. Fourteen days later – on November 14, 2023 – Plaintiff responded in opposition {#101}.
a. Thereby pointing out That Motion’s fatal flaw.

b. Plaintiff’s response took dozens of hours to complete (assembling evidence; researching; writing; proofreading; etc.).
7. Now, Plaintiff hereby states that he continues to be prejudiced by Defendant’s reluctance to recognize the true filing date.
a. In addition to having to spend significant time debunking Defendant’s nullified arguments, Plaintiff is losing the opportunity to fully litigate his case. For example:
i. Plaintiff has suffered a 2.5-year discovery stay;

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.
8. Of course, Reality negates That Motion.

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.” - Rule 201(e) Fed. R. Evid.
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).” - In Re NAHC, 306 F.3d 1314 (3rd. Cir. 2002)
11. In the instant case, Plaintiff has supplied this Court (as well as Defendant) with the necessary information.
a. For starters, Reality satisfies Rule 201(b)(1) because the FCHR filing date (which is the subject of Reality) falls within this court’s “territorial jurisdiction”.

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.
12. Therefore, with criteria met (and prejudice-to-Plaintiff abounding), Reality is ripe for hearing.

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

WHEREFORE, Plaintiff respectfully asks this Honorable Court to hold a hearing on “Plaintiff’s Motion for Judicial Notice... 4/10/19)”.
Dated this 17th day of November 2023.
Respectfully submitted,

/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
   Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Century Schoolbook 14-point font (contents); thus complying with the font requirements of Local Rule 1.08 (USFLMD).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 17th day of November 2023, I electronically filed the foregoing with the Clerk of Courts by using its online filing page.
/s/ Elias Makere

Endnotes:
1/ Upon approval of the hearing, Plaintiff will follow the provisions of Local Rule 3.07 (USFLMD)
Electronic Copy (text-searchable, hyperlinked):

    TextBookDiscrimination.com/Allstate/MemoHearing01
    TextBookDiscrimination.com/Files/USFLMD/20000905_GRSP_20231117_155137.pdf
    How-To Guide: How to Request a Hearing in Federal Court
    How-To Guide: How to Write a Motion for Judicial Notice


Link to Underlying Complaint (HTML, PDF, Video)
HTMLTextBookDiscrimination.com/Allstate/Complaint-Full
PDFTextBookDiscrimination.com/Files/USFLMD/20000905_AAC_20211104_230439.pdf
VIDEOhttps://youtu.be/e3mgBPHesXg

SERVICE LIST



Kimberly J. Doud, Esquire (0523771)
Heather A. Johnson, Esquire (pro hac vice)
Lauren C. Robertson, Esquire (1024845)

E: kdoud@littler.com
E: hajohnson@littler.com
E: lcrobertson@littler.com
P: 407.393.2900
F: 407.393.2929


Littler Mendleson, PC
111 North Orange Avenue, Suite 1750
Orlando, FL 32801-2366

(defendant’s trial lawyers)
Congratulations! You're now Booked Up on the Plaintiff's Memorandum of Law in Support of Plaintiff's Motion for Judicial Notice of Plaintiff's Full Administrative Charge (Dated 4/10/19) that a Floridian filed in the discrimination case against Allstate Insurance Company.

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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