Opinion
Civil Action No. 3: 03-CV-0250-B, (Consolidated with Civil Action Nos, 3: 03-CV-0347-D, 3: 03-CV-0384-K, 3: 03-CV-0410-D, 3: 03-CV-0465-K, 3: 03-CV-0489-R, 3: 03-CV-0528-P, 3: 03-CV-0540-P, 3: 03-CV-0563-N, 3: 03-CV-0569-N, 3: 03-CV-0638-P, 3: 03-CV-0673-H, 3: 03-CV-0753-M).
January 4, 2005
MEMORANDUM ORDER
Before the Court is Defendants' Joint Motion Requesting Judicial Notice in Support of Their Motions to Dismiss (doc. 52), filed January 20, 2004. Although the Motion fails to comply with Local Rule 7.1 by including a Certificate of Conference, Plaintiffs have not filed any response in opposition to Defendants' Motion.
The Fifth Circuit has approved the judicial notice of documents required to be filed with the SEC and documents actually filed with the SEC, pursuant to Rule 201 of the Federal Rules of Evidence. Lovelace v. Software Spectrum, Inc., 78 F.3d 1015, 1018 (5th Cir. 1996). While most of the documents Defendants request the Court to take judicial notice of fall into those categories, some, such as the Carreker press releases, do not. However, since Plaintiffs have not responded to Defendants' Motion, the Court concludes that Plaintiffs are not opposed to the Court taking judicial notice of all the documents requested. Therefore, the Court GRANTS Defendant's Joint Motion and will take judicial notice of the documents filed with the Court.