NOTICE OF MOTION AND MOTION to Strike Gifford Complaint and Declarations Submitted With Plaintiff's Request for Judicial Notice in Support of Plaintiff's Motion for Class Certification Request for Judicial Notice 47
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Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
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Holding that a school is not deliberately indifferent simply because the response did not remedy the harassment or because the school did not utilize a particular discipline
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Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
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Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"