§Why CasetextPricing

Bach et al v. Amedisys, Inc. et al

RESPONSE to 188 Notice of

7 Cited authorities

  1. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,530 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

  2. Ferguson v. Extraco Mortg

    264 F. App'x 351 (5th Cir. 2007)   Cited 53 times
    Holding that the court could not have taken judicial notice of facts in two similar cases where the facts were subject to dispute, even though the judge was the same in all three cases

  3. AMERICAN SURGICAL ASST. v. UNITED HEALTHCARE OF TEX

    CIVIL ACTION NO. 4:09-cv-0774 (S.D. Tex. Mar. 30, 2010)   Cited 4 times

    CIVIL ACTION NO. 4:09-cv-0774. March 30, 2010 MEMORANDUM AND ORDER KEITH ELLISON, District Judge Pending before the Court is Defendants' Response to Plaintiff's Motion for Leave to File an Amended Pleading, or Alternatively, Motion to Dismiss, and Brief in Support Thereof (Doc. No. 16), and Plaintiff American Surgical Assistants, Inc.'s Motion to Take Judicial Notice of United States Senate Report (Doc. No. 27). After considering the parties' filings, all responses and replies thereto, and the applicable

  4. L.H. v. Schwarzenegger

    519 F. Supp. 2d 1072 (E.D. Cal. 2007)   Cited 2 times
    Explaining a declaration offered by the defendants was "flawed" because the declarant's statements were not "based on his personal knowledge and observations"

  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  6. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  7. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,526 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."