Summary
taking judicial notice of other complaints filed with federal courts
Summary of this case from White Plains Hous. Auth. v. Getty Props. Corp.Opinion
14-1112
06-25-2014
Landon Rothstein, individually and on behalf of all others similarly situated, et al., Plaintiffs-Respondents, v. Balboa Insurance Company, et al., Defendants-Petitioners, GMAC Mortgage, LLC, et al., Defendants.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 25th day of June, two thousand fourteen. Present: Guido Calabresi, José A. Cabranes, Christopher F. Droney, Circuit Judges. Petitioners move, pursuant to 28 U.S.C. § 1292(b), for leave to appeal an interlocutory order of the district court. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Respondents move for this Court to take judicial notice of certain complaints filed in other federal courts and certain documents made public by the New York State Department of Financial Services pursuant to New York's Freedom of Information Law. Upon due consideration, it is hereby ORDERED that the motion is GRANTED as to the complaints, and DENIED as to the public documents. See Rothman v. Gregor, 220 F.3d 81, 92 (2d Cir. 2000) (taking judicial notice of another complaint "as a public record"); United States v. Byrnes, 644 F.2d 107, 112 (2d Cir. 1981) (upholding lower court's refusal to take judicial notice of regulations that were irrelevant to the case).
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk