03-0042. This dismissal alone would have cured any jurisdictional defect ailing the case up to that point and invocation of Rule 21 would be superfluous as a result. Cf. Caterpillar, Inc. v. Lewis, 519 U.S. 61, 65, 68-69, 117 S.Ct. 467, 136 L.Ed.2d 437 (1996). 11 . This principle is associated with but distinct from a court's consideration of a separate writing expressly incorporated by reference—something the Delaware Supreme Court has recognized (but with material limitations) and what DCC argues should permit this court to read the Subordination Agreement along side the Note. Compare 11 Willi-ston on Contracts § 30:25 ("Writing Expressly Incorporated By Reference”), with id. § 30:26 ("Writing Implicitly Incorporated By Reference”); see Delaware v. Black, 83 A.2d 678, 681 (Del.1951) (<HOLDING>); see also Realty Growth Investors v. Council
holding that for the purpose of deciding a motion to dismiss the complaint includes any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference holding that a contract may incorporate by reference provisions in another instrument but only to the extent that the incorporated matter is specifically set forth or identified holding that parties not specifically identified are not released holding that plea in bar may be based only on grounds set forth in statute holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint