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ABC Water LLC v. APlus Water LLC

No. CV-18-04851-PHX-SPL (D. Ariz. Aug. 16, 2019)
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ABC Water LLC v. APlus Water LLC

2 Citing cases

  1. USI Ins. Servs. v. Alliant Ins. Servs.

    No. CV-23-00192-PHX-SMB (D. Ariz. Dec. 12, 2023)

    But dismissal based on contract interpretation is not within the realm of a 12(b)(6) motion. See ABC Water LLC v. APlus Water LLC, No. CV-18-04851-PHX-SPL, 2019 WL 3858193, at *2 (D. Ariz. Aug. 16, 2019). At this point, it would be premature for the Court to delve into contractual interpretation.

  2. Old Dominion Freight Line Inc. v. Bowman

    No. CV-20-01292-PHX-DLR (D. Ariz. Oct. 9, 2020)

    "A court ordinarily may not consider evidence outside the pleadings in ruling on a Rule 12(b)(6) motion to dismiss." ABC Water LLC v. APlus Water LLC, No. CV-18-04851-PHX-SPL, at *1 (D. Ariz. Aug. 16, 2019) (citation omitted). "Pursuant to Fed.R.Civ.P. 12(d), if the Court considers evidence extrinsic to the pleadings, the motion must be treated as a summary judgment motion."