Originally published by David Coale.
Basic Capital Management v. Dynex, No. 20-40643 (Sept. 30, 2020), reminds about the proper record for evaluating a Rule 12 dismissal mo
tion:
- “[A]s the district court correctly observed, the Form 10-K and the state-court [case] record ‘are al publicly available governmental filings and the existence of the documents, and the contents therein, cannot reasonably be questioned.’ Therefore, the Form 10-K and the state-court record fall squarely within the ambit of [Fed. R. Evid.] 201(b).”
- “Rule 201(d) expressly provides that a court ‘may take judicial notice at any stage of the proceeding,’ and our precedents confirm judicially noticed facts may be considered in ruling on a 12(b)(6) motion. Therefore, in ruling on the 12(b)(6) motion, ‘the district court appropriately used judicial notice.’”
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