Ambler v. Williamson Cnty.

4 Citing cases

  1. Almanza v. City of Tyler

    6:23-cv-00279-JCB-KNM (E.D. Tex. Mar. 8, 2024)

    Examples of public records subject to judicial notice include prior court proceedings, published government agency rules and regulations, arbitration orders, court judgments and opinions, and published government agency filings. See Ambler v. Williamson County, Texas, 2021 WL 769667 (W.D.Tex. Feb. 25, 2021) (citing Caha v. U.S., 211, 222 (1894); Colonial Oaks Assisted Living Lafayette, L.L.C. v. Hannie Dev., Inc., 972 F.3d. 684, 688 n.9 (5th Cir. 2020); Anderson v. Wells Fargo Bank, N.A., 953 F.3d 311, 314 (5th Cir. 2020); and Lovelace v. Software Spectrum, Inc., 78 F.3d 1015, 1018 (5th Cir. 1996); see also In re Deepwater Horizon, 934 F.3d 434, 440 (5th Cir. 2019). Not all documents accessible to the public, however, are matters of public record for purposes of a motion to dismiss.

  2. HCL Techs. v. Atos S.E.

    3:23-cv-868-L (N.D. Tex. Jan. 31, 2024)

    But the Court should only take notice of “the existence of the document ‘not to prove the truth of the documents' contents.'” Ambler v. Williamson Cnty., Texas, No. 1-20-CV-1068-LY, 2021 WL 769667, at *3 (W.D. Tex. Feb. 25, 2021) (citing Lovelace v. Software Spectrum Inc., 78 F.3d 1015, 1018 (5th Cir. 1996)).

  3. Ramos v. Taylor

    646 F. Supp. 3d 807 (W.D. Tex. 2022)   Cited 6 times

    Likewise, this Court has declined to take judicial notice of a police video, noting that it "clearly exceeds the purview of judicial notice." Ambler v. Williamson Cnty., Texas, No. 1-20-CV-1068-LY, 2021 WL 769667 (W.D. Tex. Feb. 25, 2021) (Order, Dkt. 25) (Hightower, J.). Most importantly, Ambler noted that the mere fact that the video captured events at issue in the complaint does not render it "referenced" as a matter of evidence.

  4. Stamps v. The Univ. of Tex. at Austin

    1:20-cv-01204-LY-SH (W.D. Tex. Feb. 22, 2022)

    Scanlan, 343 F.3d at 537; see also Ambler v. Williamson Cnty., Texas, No. 1-20-CV-1068-LY, 2021 WL 769667, at *4 (W.D. Tex. Feb. 25, 2021) (excluding video attached to defendant's motion to dismiss which was central to defense, not plaintiffs' claims); Wilson v. EZ Exit Now, LLC, No. CV H-18-3673, 2019 WL 2453828, at *3 (S.D. Tex. May 15, 2019) (striking defendant's exhibits of employees' accounts and defendant's handbook submitted in opposition to facts asserted in complaint and thus not central to plaintiff's claims), R. & R. adopted, 2019 WL 2448630 (S.D. Tex. June 12, 2019). Defendants also argue that the Court can consider these exhibits because, “[w]here the allegations in the complaint are contradicted by facts established by documents attached as exhibits to the complaint, the court may properly disregard the allegations.” Dkt