Opinion
22-CV-7513 (JMF)
12-29-2022
JAMES W. GILLIAM et al., Plaintiffs, v. DISCOVER BANK et al., Defendants.
ORDER
JESSE M. FURMAN UNITED STATES DISTRICT JUDGE
On December 26, 2022, Plaintiffs James and Laura Gilliam requested that the Court take judicial notice of certain judicial precedents, primarily relating to the effectiveness of service and the preference of the Second Circuit to resolve cases on the merits. See ECF No. 41. The motion is DENIED as premature. Plaintiffs are free to raise the arguments contained in their motion in response to any motion to dismiss or motion for summary judgment.
Assuming that Plaintiffs do renew their arguments, the Court notes that judicial notice pertains only to “facts,” Fed.R.Evid. 201(b), not to law or legal arguments. Thus, Plaintiffs need not and should not invoke judicial notice to contend that the Court should take into consideration applicable precedent or legal argument.
The Clerk of Court is directed to terminate ECF No. 41 and to mail a copy of this Order to Plaintiff Laura Gilliam.
SO ORDERED.