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.
"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."