§Why CasetextPricing

The Government of Guam Retirement Fund et al v. Countrywide Financial Corporation et al

OPPOSITION to Request for Judicial Notice opposition re: MOTION to Dismiss Case 24

10 Cited authorities

  1. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,583 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  2. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,651 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  3. In re American Continental Corp. v. Weiss

    102 F.3d 1524 (9th Cir. 1996)   Cited 290 times   1 Legal Analyses
    Rejecting argument "that the district court erred in examining the MDL 834 record in ruling on" a motion to dismiss because "ample authority exists which recognizes that matters of public record, including court records in related or underlying cases which have a direct relation to the matters at issue, may be looked to when ruling on a 12(b) motion to dismiss"

  4. In re Countrywide Financial Corp. Securities Litigation

    588 F. Supp. 2d 1132 (C.D. Cal. 2008)   Cited 107 times   2 Legal Analyses
    Holding complaint persuasively alleges that "systematic changes in Countrywide came from the top down and pervaded virtually every office" because directors and officers allegedly were regularly provided "detailed exception statistics"

  5. Patel v. Parnes

    253 F.R.D. 531 (C.D. Cal. 2008)   Cited 36 times
    Finding analyst reports judicially noticeable for the purpose of determining when and what information was available to the market

  6. S.E.C. v. Caserta

    75 F. Supp. 2d 79 (E.D.N.Y. 1999)   Cited 29 times
    Finding that 28 U.S.C. § 2462 applies to SEC civil penalty claims

  7. Metropolitan Creditors' v. Pricewaterhousecoopers

    463 F. Supp. 2d 1193 (E.D. Wash. 2006)   Cited 15 times
    Holding that the "reference to Section 1123 in the trust agreement at issue manifests a clear intent to appoint the [t]rusts as representatives, rather assignees, of the debtors' claims"

  8. U.S. v. Turner

    CASE NO. CR05-355C (W.D. Wash. May. 8, 2007)

    CASE NO. CR05-355C. May 8, 2007 ORDER JOHN COUGHENOUR, District Judge This matter comes before the Court on Defendant's Motion to Compel expert discovery (Dkt. No. 55), the Government's Opposition (Dkt. No. 60), Defendant's Reply (Dkt. No. 69), and the Government's Supplemental Response (Dkt. No. 73). The Court, having considered the arguments of the parties and finding oral argument unnecessary, hereby finds and rules as follows. I. BACKGROUND The facts involved in this case have been described

  9. 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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 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."