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.”
“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).”
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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