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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Case 3:17-cv-03695-MMC Document 128 Filed 07/02/18 Page 1 of 17 1 THOMAS R. BURKE (CA State Bar No. 141930) DAVIS WRIGHT TREMAINE LLP 2 505 Montgomery Street, Suite 800 San Francisco, California 94111 3 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 4 Email: [email protected] 5 AMBIKA K. DORAN (pro hac vice) DAVIS WRIGHT TREMAINE LLP 6 1201 Third Avenue, Suite 2200 Seattle, WA 98040 7 Telephone: (206) 757-8030 Facsimile: (206) 757-7030 8 Email: [email protected] 9 BRENDAN CHARNEY (CA State Bar No. 293378) DAVIS WRIGHT TREMAINE LLP 10 865 South Figueroa Street, Suite 2400 Los Angeles, CA 90017 11 Telephone: (213) 633-6800 Facsimile: (213) 633-6899 12 Email: [email protected] 13 Attorneys for Defendants REVEAL FROM THE CENTER FOR 14 INVESTIGATIVE REPORTING; MATT SMITH; and AMY WALTERS 15 IN THE UNITED STATES DISTRICT COURT 16 THE NORTHERN DISTRICT OF CALIFORNIA 17 PLANET AID INC., and LISBETH THOMSEN, Case No. 17-cv-03695-MMC 18 DAVIS WRIGHT TREMAINE LLP Plaintiffs, DEFENDANTS’ REQUEST FOR 19 JUDICIAL NOTICE IN SUPPORT OF v. SPECIAL MOTION TO STRIKE 20 PLAINTIFFS’ COMPLAINT REVEAL, CENTER FOR INVESTIGATIVE [Supporting Declarations And Exhibits 21 REPORTING, MATT SMITH, and AMY WALTERS, Thereto Filed Concurrently] 22 Judge: Hon. Maxine Chesney Defendants. Date: November 9, 2018 23 Time: 9:00 a.m. Location: San Francisco Courthouse 24 Courtroom 7 – 19th Floor 450 Golden Gate Avenue 25 San Francisco, CA 94102 26 27 28 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE ISO ANTI-SLAPP MOTION Case No. 17-cv-03695-MMC Case 3:17-cv-03695-MMC Document 128 Filed 07/02/18 Page 2 of 17 1 REQUEST FOR JUDICIAL NOTICE 2 In connection with their concurrently-filed Special Motion to Strike (“SLAPP Motion”), 3 defendants Reveal from the Center for Investigative Reporting, Matt Smith, and Amy Walters 4 (collectively, “Reveal”) hereby respectfully request that the Court take judicial notice of the 5 existence and contents of the following documents pursuant to Rule 201 of the Federal Rules of 6 Evidence: 7 A. Publications at Issue in the Law Suit 8 a. Exhibits A-U to FAC; 9 b. Online version of May 23, 2016 Article attached to FAC as Ex. B; 10 c. Certified transcription of March 19, 2016 audio report by Reveal titled 11 “Alleged Cult Leader Plays Shell Game With US Foreign Aid,” available at 12 https://www.revealnews.org/episodes/alleged-cult-leader-plays-shell-game- 13 with -us-foreign-aid/, attached as Exhibit JJ to The Declaration of Brendan 14 N. Charney (“Charney Decl.”) 15 B. Court Documents 16 a. Complaint for Provisional Arrest Warrant with a View Towards 17 Extradition; Order Thereon, filed by U.S. Attorney John S. Gordon in 18 Central District of California Case No. 02-316, In re Extradition of DAVIS WRIGHT TREMAINE LLP 19 Pedersen, on February 18, 2002, attached as Exhibit EE to the Charney 20 Decl.; 21 b. Petersen’s Memorandum of Points and Authorities Re: Extradition Hearing; 22 Declaration of Shapiro in Support Thereof, filed by Pedersen in Central 23 District of California Case No. 02-2220, In re Extradition of Pedersen, on 24 May 24, 2002, attached as Exhibit GG to the Charney Decl.; 25 c. Excerpts from Petersen’s Submission of Declarations in Support of 26 Memorandum of Points and Authorities Re: Extradition Hearing; 27 Declaration of Shapiro in Support Thereof, Volume IV, filed by Pedersen in 28 Central District of California Case No. 02-2220, In re Extradition of 1 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE ISO ANTI-SLAPP MOTION Case No. 17-cv-03695-JSC Case 3:17-cv-03695-MMC Document 128 Filed 07/02/18 Page 3 of 17 1 Pedersen, on May 24, 2002 (i.e., the declarations of Mikael Norling and 2 Ester Neltrup), attached as Exhibit FF to the Charney Decl.; 3 d. Case Summary as on 1 November 2001, provided by Poul Gade, deputy 4 public prosecutor at the Public Prosecutor for Serious Economic Crime in 5 Copenhagen, Denmark, to the U.S. Attorney in Los Angeles, attached as 6 Exhibit A to the Declaration of Poul Gade (“Gade Decl.”); 7 e. Statement for loan from The Federation for Associations Connected to the 8 International HUMANA People to People Movement, attached as Exhibit B 9 to the Gade Decl.; 10 f. Corporate documents from Tvind’s foundation, Faellesje, evidencing load 11 of $500,000 to Planet Aid, attached as Exhibit C to the Gade Decl.; 12 g. Letter obtained from Tvind computers, and filed as part of the Danish 13 prosecution of Pedersen, set forth at pages 3622-3625 of Exhibit D to the 14 Gade Decl.; 15 h. Organization chart included in Danish prosecution of Pedersen, attached as 16 Exhibit E to the Gade Decl.; 17 i. Letter from Tvind leaders Pedersen and Kristen Larsen, obtained from 18 Danish police searches of Tvind and included in the Prosecutor’s Brief DAVIS WRIGHT TREMAINE LLP 19 submitted in the Danish court proceedings, attached as Exhibit F to the 20 Gade Decl.; 21 j. Excerpts of Danish court records from the prosecution of Pedersen, attached 22 as Exhibit G to the Gade Decl.; 23 k. Danish court document describing Lisbeth Thomsen (then going by the 24 name Lisbeth Hansen) as responsible for Hope Malawi, attached as Exhibit 25 E to the Declaration of Matt Smith (“Smith Decl.”) 26 C. Government Documents 27 a. FBI report, obtained by Matt Smith through a Freedom of Information Act 28 (“FOIA”) Request to the FBI, attached as Exhibit C-1 to the Smith Decl.; 2 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE ISO ANTI-SLAPP MOTION Case No. 17-cv-03695-JSC Case 3:17-cv-03695-MMC Document 128 Filed 07/02/18 Page 4 of 17 1 b. Email from Delphine Hamlin at the USDA to Leonard Kreitzberg and 2 Maureen La Piana dated February 17, 2006, Subject Troubling News – 3 Planet Aid – USDA, obtained by Matt Smith through a FOIA Request to 4 the USDA, attached as Exhibit C-2 to the Smith Decl.; 5 c. Email from Jaime Fisher to Jared Burnett dated July 19, 2012, Subject 6 Planet Aid Investigation, obtained by Matt Smith through a FOIA Request 7 to the USDA, attached as Exhibit C-2 to the Smith Decl.; 8 d. Email from Jamie Fisher to Vincent Fusaro dated August 21, 2012, Subject 9 Report Follow up Inquiry, obtained by Matt Smith through a FOIA Request 10 to the USDA, attached as Exhibit C-2 to the Smith Decl.; 11 e. Handwritten meeting notes dated February 24, 2006 regarding Planet Aid, 12 obtained by Matt Smith through a FOIA Request to the USDA, attached as 13 Exhibit C-2 to the Smith Decl.; 14 f. Handwritten meeting notes dated March 3, 2006 regarding Planet Aid, 15 obtained by Matt Smith through a FOIA Request to the USDA, attached as 16 Exhibit C-2 to the Smith Decl.; 17 g. Email from Marie Lichtenberg to Brian Dutoi, undated, Subject visit, 18 obtained by Matt Smith through a FOIA Request to the USDA, attached as DAVIS WRIGHT TREMAINE LLP 19 Exhibit C-2 to the Smith Decl.; 20 h. Agreement Between The Government of the United States of America and 21 Planet Aid, Inc. for the Supply of Agricultural Commodities Under the 22 Food for Progress Act, No. FCC-612-2009/008-00, dated June 18, 2009, 23 obtained by Matt Smith through a FOIA Request to the U.S. Department of 24 Agriculture (“USDA”), attached as Exhibit C-3 to the Smith Decl.; 25 i. Agreement Between The Government of the United States of America and 26 Planet Aid, Inc. for the Supply of Agricultural Commodities Under the 27 Food for Progress Act, No. FCC-612-2006/092-00, dated June 6, 2006, 28 3 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE ISO ANTI-SLAPP MOTION Case No. 17-cv-03695-JSC Case 3:17-cv-03695-MMC Document 128 Filed 07/02/18 Page 5 of 17 1 obtained by Matt Smith through a FOIA Request to the USDA, attached as 2 Exhibit C-3 to the Smith Decl.; 3 j. USDA Logistics & Monetization Report of Planet Aid, Inc., from April 1, 4 2009 to September 30, 2009, obtained by Matt Smith through a FOIA 5 Request to the USDA, attached as Exhibit C-3 to the Smith Decl.; 6 k. USDA Logistics & Monetization Report of Planet Aid, Inc., from April 1, 7 2011 to September 30, 2011, obtained by Matt Smith through a FOIA 8 Request to the USDA, attached as Exhibit C-3 to the Smith Decl.; 9 l. USDA Logistics & Monetization Report of Planet Aid, Inc., from October 10 1, 2013 to March 31, 2013, obtained by Matt Smith through a FOIA 11 Request to the USDA, attached as Exhibit C-3 to the Smith Decl.; 12 m. Planet Aid’s Application for Certificate of Authority filed with the 13 Kentucky Secretary of State on February 16, 1999, obtained by Matt Smith 14 through a FOIA Request to the Kentucky Secretary of State, attached as 15 Exhibit D to the Smith Decl. 16 D. News Articles and Press Reports 17 a. Article entitled A wolf in sheep’s clothing by Dave Todd of Southam News, 18 published in Edmonton Journal on November 14, 1993, and available on DAVIS WRIGHT TREMAINE LLP 19 Westlaw at 1993 WLNR 2933015, attached as Exhibit A to the Charney 20 Decl.; 21 b. October 30, 1998 article published by the Irish Times titled HOME NEWS 22 Irish-located charity was investigated in Britain, attached as Exhibit B to 23 the Charney Decl.; 24 c.
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