In Re Nuvelo, Inc., Securities Litigation

ORDER

Plaintiffs filed an amended consolidated complaint (“Prior Complaint”) alleging violations of federal securities laws on November 9, 2007. Doc. # 31. On December 4, 2008, 2008 WL 5114325 , the court granted defendants’ motion to dismiss the Prior Complaint (“Prior Order”). Doc. # 69. The Prior Order granted plaintiffs leave to amend. Doc. # 69 at 34-35. Plaintiffs did so on January 23, 2009, filing a second consolidated amended complaint (“SAC”). Doc. # 76. On March 24, 2009, defendants moved to dismiss the SAC. Doc. # 78. This order addresses that motion.

I

As an initial matter, defendants request judicial notice of 42 documents contained in Jeffrey Kaban’s declaration (Doc. # 80, Exhs. A-¶) relating to defendants’ motion to dismiss. Doc. # 79. Federal Rule of Evidence 201 allows courts to take judicial notice of matters that are “capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b).

Plaintiffs do not oppose the court taking judicial notice of exhibits A-GG and LL-¶ . Doc. #91 at 2. Because the request for judicial notice is unopposed as to those documents, and they are either referenced…