IN RE: Raymond A. TOWNSEND (2018)

SUMMARY ORDER

Defendant-Appellant Raymond A. Townsend (“Townsend”) appeals the District Court’s decision to affirm a May 16, 2016 order of the United States Bankruptcy Court for the Eastern District of New York holding that his debt to Plaintiff-Appellee was nondischargeable under 11 U.S.C. § 523(a)(6). On appeal, Townsend argues that the District Court erred by concluding that his debt was nondischargeable and that the District Court impermissibly relied on certain facts not specifically stated by the jury on the verdict sheet.

Townsend’s first argument is meritless for the reasons given by the District Court. See Memorandum and Order at 5–7, Townsend v. Ganci, No. 16-CV-2814, 566 B.R. 129 (JFB) (E.D.N.Y. 2017), ECF No. 9. His second argument is meritless because we are unable to conclude that the District Court relied in its Memorandum and Order of February 27, 2017 on any facts not found by the jury. The District Court was entitled to take judicial notice of the jury instructions given in the earlier proceeding in order to determine the parameters of the jury’s findings on the verdict sheet. See Kramer v. Time Warner Inc., 937 F.2d 767, 774 (2d Cir. 1991) (“[C]ourts routinely take judicial notice of documents filed in other courts ․ to establish the fact of such litigation and related filings.”).

We therefore AFFIRM the March 3, 2017 judgment of the District Court.