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Case 1:08-cv-00146-G|\/IS Document 14 Filed 04/23/2008 Page 1 of 4
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE L
FREEDOM MORTGAGE CORPORATION, g
Plaintiff] )
) Q
V' ) C. A. No. 08-146-GMS
IRWIN FINANCIAL CORPORATION, and g
IRWIN MORTGAGE CORPORATION, )
Defendants. )
. DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE
Pursuant to Federal Rule of Evidence 201, Defendants Irwin Financial Corporation
(“IFC") and Irwin Mortgage Company ("IMC"), by and through its attorneys, hereby request that
the Court take judicial notice of the following documents, which are attached as Exhibits A-F to
the Declaration of Dominique—Cha;ntale Alepin in Support of Defendants’ Motion to Motion to
Dismiss, Stay or Transfer to the Northern District of California:
1. Excerpts of IFC’s Form 10-K for the year ended December 31, 2007 filed with
the Securities and Exchange Commission ("SEC") on or about March 12, 2008 (Alepin Decl. Ex.
A).
2. The complaint filed by Irwin Union Bank and Trust Company and Irwin Home A
Equity Corporation against Freedom Mortgage Corporation in the United States District Court
for the Northern District of California on or about January 22, 2008, captioned Irwin Union Bank
and Trusi Company and Irwin Home Equity Corporation v. Freedom Mortgage Corporation, A
Case No. 08-00472 (PTH) (the “California action") (Alepin Decl. Ex. B).
3. The Motion to Dismiss or Stay Action and for an Order Compelling Arbitration A
tiled by Freedom Mortgage Corporation in the California action on or about March 13, 2008 .
(Alepin Decl. Ex. C). I
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Case 1:08-cv-00146-G|\/IS Document 14 Filed 04/23/2008 Page 2 of 4
4. Plaintiffs Irwin Union Bank and Trust Company and Irwin Home Equity A
Corporation’s Response re: Defendant Freedom Mortgage Corporation’s Motion to Dismiss or
Stay Action and for an Order Compelling Arbitration tiled in the California action on or about
April 9, 2008 (Alepin Decl. Ex. D).
5. The Initial Claim for Arbitration by Freedom Mortgage Corporation against Irwin
Union Bank and Trust Company and Irwin Home Equity Corporation filed with the National
Arbitration Forum (‘°NAF") on or about March 12, 2008, captioned Freedom Mortgage
Corporation v. Irwin Union Bank and Trust Company and Irwin Home Equity Corporation, File
no. MX 0803002058323 (Alepin Decl. Ex. E).
6. The letter from NAF dated April 15, 2008 (Alepin Decl. Ex. F).
Judicial notice of these documents is proper under Federal Rule of Evidence 201. This
Court may take judicial notice of documents filed with the SEC as matters of public record. See
Alepin Decl. Ex. A. Courts may take judicial notice of documents that are "capable of accurate
and ready determination by resort to resources whose accuracy cannot reasonably be
questioned? Fed. R. Evid. 20l(b). When documents are "required by law to be filed, and
actually filed, with federal or state officials," those documents are deemed inherently reliable and
the Court may take judicial notice of those documents on a motion to dismiss. See DiLorenzo v.
Edgar, No. 03—841, 2004 WL 609374, at *2 (D. Del. Mar. 4, 2004). As such, courts routinely
take judicial notice of SEC filings even when those filings are not specifically referenced in the
complaint. See In re NAHC Inc. Sec. Litig., 306 F.3d 1314, 1331 (3d Cir. 2002) (approving i
judicial notice of "documents filed with the SEC, but not relied upon in the [c]omplaint").
The SEC filings at issue here are all "required by law to be filed with the SEC, and no
serious questions as to their authenticity can exist." Oran v. Stajford, 226 F.3d 275, 289 (3d Cir.
2000) (citing Kramer v. Time Warner, Inc., 937 F.2d 767, 774 (2d Cir. 1991)) (taking judicial .
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Case 1:08-cv-00146-G|\/IS Document 14 Filed 04/23/2008 Page 3 of 4
notice of Forms 4 filed with the SEC). Therefore, this Court may take judicial notice of Irwin
Financial Corporation’s Form 10-K filed with the SEC.
This Court may take judicial notice of matters of public record including pleadings or
documents tiled in state or federal court and other related court records. See Nash v. Beard, 2006
WL 2988941 at * 1 (M.D. Pa. 2006) (taking judicial notice of “related official court filings”)
(citing Fed. R. Evid. 201)). This Court may therefore take judicial notice of the complaint and
pleadings filed in the Northern District of California. This Court may also take judicial notice of
the claim and actions in the arbitration proceedings. See Stacks v. Southwestern Bell Yellow
Pages, Inc., 27 F.3d 1316, 1325 (8th Cir. 1994). This Court may also take judicial notice of
documents incorporated by reference in the Complaint. See Buck v. Hampton Tp. School Dist.,
452 F.2d 256, 260 (3d Cir. 2006). Both the Northern District of California action and arbitration
action are referred to in the Complaint at 1[jl 13-17 and are thus the proper subject of judicial i
notice. la'. D
OF COUNSEL: Ra - •· . Camillo (#3188) =
amill om ’
David J. Berger R ·—·- • l : ·.e & Finger ¤
Dominique C. Alepin 920 N. King Street {
Wilson Sonsini Goodrich & Rosati, PC Wilmington, DE 19899 E
650 Page Mill Road (302) 651-7700
Palo Alto, Califomia 94304-1050 §
(650) 493-9300 Attorneys for Defendants p
Jenny L. Dixon
Wilson Sonsini Goodrich & Rosati, PC
One Market Street J
Spear Tower, Suite 3300
San Francisco, California 94105
(415) 947-2000
Dated: April 23, 2008
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Case 1:08-cv-00146-G|\/IS Document 14 Filed 04/23/2008 Page 4 0f 4
CERTIFICATE OF SERVICE
I hereby certify that on April 23, 2008, I caused to be served by electronic service and
hand delivery the foregoing document and electronically filed the same with the Clerk of Court
using CM/ECF which will send notification of such tiling(s) to the following:
William J. Lafferty
Theodore Kittila E
Karl G. Randall
Morris, Nichols, Arsht & Tunnell, LLP l
1201 North Market Street
Po. Box 1347
Wilmington, DE 19899 1
I further certify that on April 23, 2008, the foregoing document was served by electronic
service and Federal Express to the following:
John K. Crossman
Frank C. Welzer
Zukerman Gore & Brandeis, LLP
875 Third Avenue
New York, NY 10022
i : l emits e ‘
d`- amillo om J
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