Rules of Civil Procedure provides: (b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (b) failure to state a claim upon which relief can be granted, ... 2 . Rule 56(b) of the Federal Rules of Civil Procedure provides: (b) For Defending Party. A party against whom a claim, counterclaim or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party’s favor as to all or any part thereof. 3 . Doe v. Stegall, 653 F.2d 180 (5th Cir.1981) (<HOLDING>). 4 . Rule 56(a) of the Federal Rules of Civil
holding that the appellate court may take judicial notice of its own records in related proceedings holding 1 that a sick seaman who is forced to work because his former employer refuses to pay maintenance and cure is not required to set off his earnings against a maintenance and cure award and 2 that the seaman may recover attorneys fees as damages when the former employer unreasonably refuses to pay maintenance and cure holding that after a balancing of considerations calling for maintenance of a partys privacy against the customary and constitutionallyembedded presumption of openness in judicial proceedings a parly may be permitted to proceed under a fictitious name recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice recognizing judiciarys customary policy of deference to the president in matters of foreign affairs