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Case: 10-17098

08/09/2011

ID: 7849152

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No:

10 17098 IN THE

THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Farzana Sheikh, M.D. v. Medical Board of California & the State of California

Appellant,

Appellee,

On Appeal from the United States District Court for the Eastern District of California District Court No. 2:10-CV-00213-FCD-GGH The Honorable Frank C. Damrell, Jr., District Judge Appellants Request for Judicial Notice The Shrinking Lost of Members of the Medical Board & Insufficient Quorum at the Quarterly Public Meeting of the Medical Board

Farzana Sheikh, M.D. Plaintiff in Pro Per rehansheikh@yahoo.com P.O. Box 7978 Stockton CA 95267

Case: 10-17098

08/09/2011

ID: 7849152

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Appellant Farzana Sheikh respectfully submits the following information and Requests the Ninth Circuit Court of Appeal to take Judicial Notice.
I. Shrinking List of Members of the Medical Board (Exhibits)

1. The list of Members of the Medical Board has shrunk during the recent months. This appears that several members of the Board have resigned from the Board without completing their tenure. 2. Previously when an Executive Director had resigned, the defendants published the resignation in the Quarterly Newsletter of the Board. 3. There is no official news or official explanation of the departure of several members of the Medical Board. Arguably, this is because defendants assign a less significance to the members of the Board. As appellant has pleaded in her brief with this Court; [No one represents Medical Board more than the Members of the Medical Board].
II. Letter to Defendants Regarding Insufficient Quorum at the Quarterly Public Meeting of the Medical Board of California (Sacramento; July 27-29, 2011)

4. Letter [Exhibit] written to the Senior Counsel of Department of Consumer Affairs pointing to insufficient quorum of the Board Members at the Quarterly Public Meeting of the Board.

Appellants Request for Judicial Notice (Roster of Members of the Medical Board of C alifornia) Farzana Sheikh M.D. v. Medical Board of California & State of California (The Ninth Circuit Court of Appeals)
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Case: 10-17098

08/09/2011

ID: 7849152

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a. Nine out of total 15 members assigned to the Board attended the above referenced Quarterly public meeting of the Board. b. Three of the Nine members who attended the meeting, had their membership expired for over 30 days. c. Previously a counsel for the Board has argued that members can attend Board meeting as Member for an additional 30 days after lapse of their membership. d. Hence because of insufficient quorum, the Quarterly Public meeting of the Board may be stricken from record.

Respectfully Submitted by;

/s/ Farzana Sheikh Date: August 9, 2011 ---------------------------------Farzana Sheikh, M.D. Pro Se

Appellants Request for Judicial Notice (Roster of Members of the Medical Board of C alifornia) Farzana Sheikh M.D. v. Medical Board of California & State of California (The Ninth Circuit Court of Appeals)
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Case: 10-17098

08/09/2011

ID: 7849152

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Case: 10-17098

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Rehan Sheikh PO Box 7978 Stockton CA 95267 Phone (209) 982 9039; Email: rehansheikh@yahoo.com Date: August 9, 2011 Anita L. Scuri, Esq. Senior Legal Counsel Affairs Section Department of Consumer Affairs 1625 N Market Blvd Ste S-309 Sacramento, CA 95834 Email:Anita_scuri@dca.ca.gov Phone: (916) 574 8220 Fax: (916) 574 8623 Subject: Ref: Insufficient Quorum at the Board Meeting (July 27-29 2011) Quarterly Public Meeting of Medical Board of California

Dear Ms. Scuri, I am requesting your kind attention to the insufficient quorum of the Board Members during the above referenced meeting. Out of total fifteen (15) members assigned to the Board, only nine (9) members attended that meeting. Three of those nine (9) members had their membership expired on June 1, 2011. Since three of the members at that meeting had their membership expired for over 30 days, those three members attended the Board meeting only as observers. Previously your office had offered its legal opinion suggesting that the Board members may attend the Board meeting as member for up to 30 days after expiry of their tenure. As only six members were present at the Board meeting in their official capacity, the quorum requirements of the Board were not met. Hence the above referenced Board meeting may be stricken from the record. Please advise! Respectfully Submitted,

/s/ Rehan Sheikh Rehan Sheikh, Engineer