Opinion

Headwaters Inc., an Oregon Nonprofit Corporation Forest Conservation Council v. U.S. Forest Service

  • 399 F.3d 1047
  • 35 Envtl. L. Rep. (Envtl. Law Inst.) 20051
  • 2005 U.S. App. LEXIS 3136
  • 2005 WL 418581
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 23, 2005
Status
Published
Author
Goodwin
On the bench
Goodwin, Hug, Berzon
Cited by
453 cases

holding that courts may take judicial notice of dockets in related cases because materials from proceedings in other tribunals are 25 appropriate for judicial notice

How later courts described this case

  • holding that courts may take judicial notice of dockets in related cases because materials from proceedings in other tribunals are 25 appropriate for judicial notice
  • stating that “[a]s a general matter, a court may, 24 sua sponte, dismiss a case on preclusion grounds ‘where the records of that court show that a 25 previous action covering the same subject matter and parties had been dismissed.’”
  • holding that courts may 28 take judicial notice of dockets in related cases because materials from proceedings in other tribunals are 1 and guard against improper behavior; and (9
  • noting that a court should give notice and an opportunity to respond before 28 dismissing a case on claim preclusion grounds

Written by the judges who cited it.

The opinion

GOODWIN, Circuit Judge,

concurring separately:

I concur in the majority opinion, but write separately to remind the district court on remand that if the factual record developed after remand shows that a party or counsel were, as suspected by the district court, in fact gaming the system to prolong unnecessary litigation, the court has discretionary remedies in the nature of costs and fees to protect the court from imposition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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