Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Legal Organization of Putative Entities from Government Party’s Website — Analysis May Encompass Notice of Any Party’s Website for This Purpose

Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015):

The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing that these entities are administrative arms of a municipality that cannot be sued separately from the municipality. (Defs. Mem. 15.) In response to the motion, Plaintiff states that he does not oppose dismissal of the claims against Nassau County Police Department and Nassau County Corrections Department, and acknowledges that they are not separate or suable entities.4 (Pl. Opp'n 1.) Plaintiff fails to address or oppose the same argument as to Nassau County Sheriff's Department, but because it is also an administrative arm of Nassau County, Plaintiff's reason for not opposing dismissal as to Nassau County Police Department and Nassau County Corrections Department also applies to Nassau County Sheriff's Department.

3   There does not appear to be an entity called the "Nassau County Corrections Department." The official website of the Nassau County Sherriff's Department indicates that there is a Corrections Division of the Nassau [*9]  County Sheriff's Department and a Nassau County Correctional Center, which is overseen by the Sheriff's Department. Sheriff's Department, Nassau County, (last visited December 3, 2015). The Court takes judicial notice of the existence of these two similarly named entities. See Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLC, No. 14-CV-9783, 2015 WL 5122590, at *7 (S.D.N.Y. Aug. 31, 2015) (stating that it is "clearly proper for to take judicial notice" of "documents retrieved from official government websites" and that "Courts routinely take judicial notice of such governmental records"); Belizaire v. RAV Investigative & Sec. Servs. Ltd., 61 F. Supp. 3d 336, 347 (S.D.N.Y. 2014) ("This Court . . . may take judicial notice of the information contained on Defendant's own website." (citation omitted)); Doron Precision Sys., Inc. v. FAAC, Inc., 423 F. Supp. 2d 173, 179 n.8 (S.D.N.Y. 2006) ("[A] court may take judicial notice of information publically announced on a party's website, as long as the website's authenticity is not in dispute and 'it is capable of accurate and ready determination.'" (quoting Fed. R. Evid. 201(b))). The Court understands Plaintiff to seek to sue either of these two entities. However, given the fact that both of these entities are administrative arms of Nassau County and therefore improper parties, it is not necessary for the Court to decide which entity Plaintiff intended to sue.

4   On October 7, 2014, at the pre-motion conference, the Court sua sponte dismissed all [*10]  claims against the Nassau County Police Department. (Oct. 7, 2014 Minute Entry.)

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