who treated Sievers’ daughter. The note states: I treated Debbie Diercks May 15, 16, 17, 18, 19. She has extreme tension in her cervical & upper dorsal area. She responded quite well to our manipulative therapy. I feel this condition produces fibro-myalgic -symptoms but it is really more muscular tension & spasms. We think this note fails to generate a genuine issue of material fact on the requirements to qualify chiropractic treatment for FMLA coverage purposes. For example, there was no showing that the chiropractor who treated Sievers’ daughter was authorized to practice in South Dakota. Nor was there any showing that South Dakota law allowed the chiropractor to treat neurological disorders like seizures. See Iowa, Kemper Ins. Co. v. Cunningham, 305 N.W.2d 467, 469 (Iowa 1981) (<HOLDING>). The record contained no X-rays to show that
recognizing that the court may take judicial notice of its own docket recognizing that a court may rely on matters of which a court may take judicial notice holding that trial court erroneously entered judgment pursuant to a theory which was neither pleaded nor tried by acquiescence or otherwise recognizing that a court may take judicial notice of court filings and other matters of public record holding that court will not take judicial notice of foreign law that is neither pleaded nor proven