Case 2:25-cv-00978-APG-BNW Document 42 Filed 08/04/25 Page 18 of 26
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pleadings, “courts must consider the complaint in its entirety, as well as other sources [courts ordinarily examine when ruling on Rule 12(b)(6) motions to dismiss,] in particular, documents incorporated into the complaint by reference, and matters of which a court may take judicial notice.” Webb v. Trader Joe’s Co ., 999 F.3d 1196, 1201 (9th Cir. 2021) (quoting Tellabs, Inc. v. Makor Issues & Rights, Ltd. , 551 U.S. 308, 322 (2007)) (cleaned up). Federal Rule of Evidence 201(b)(2) permits a court to take judicial notice of any facts “not subject to reasonable dispute,” including those which may be “accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” “Even where judicial notice is not appropriate, on a motion for judgment on the pleadings, the Court may consider ‘material which is properly submitted as part of the complaint’ or incorporated by reference into the complaint.” Body Xchange Sports Club, LLC , 648 F. Supp. 3d at 1210–11 (quoting Lee , 250 F.3d at 688). CDNA alleged in its Complaint that it “is a federally regulated DCM” which “[t]he CFTC first approved . . . as a DCM in 2004.” Compl. ¶¶ 63–64. CDNA also alleged that CDNA self- certified its Industry Event – Live Presentations contracts—a category that includes its Sports Event Contracts—on January 30, 2025, and CDNA attached to the Complaint the certification letter it filed with the CFTC as required by the CEA and CFTC regulations. Compl. ¶¶ 66, 68; Compl. Ex. C. In their answer, Defendants pled that they “lack knowledge sufficient to form a belief about the truth” of these allegations and they “therefore den[ied]” the allegations. Answer ¶¶ 63–64, 66, 68. As to the self-certification letter, Defendants admitted that “[t]he document and statutes identified in this paragraph speak for themselves.” Id. ¶ 66. CDNA’s status as a DCM cannot reasonably be disputed. Its status as a DCM is a fact that can be determined by a simple search of the CFTC’s public list of DCMs. See CFTC Filings, supra note 1. That alone entitles CDNA to judicial notice of its status as a DCM. See Stoyas v. Toshiba Corp. , 896 F.3d 933, 946 n.17 (9th Cir. 2018) (taking judicial notice of the list of registered alternative trading systems on the SEC’s website to affirm fact of registration as an alternative trading system). The Court should also take judicial notice of CDNA’s self-certification of Sports Event Contracts based on the certification letter attached to and incorporated by reference into the
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