Opinion
Civil Case No. 07-cv-00656-LTB-MEH.
July 6, 2007
ORDER
This case is before me on the "Plaintiffs' Motion for Extension of Time Pursuant to Rule 56(f) and Other Grounds" (Doc 15). Defendants have filed their response in opposition and Plaintiffs have now filed their reply. Plaintiffs' motion implicates Defendants' Motion to Dismiss Complaint filed pursuant to Fed.R.Civ.P. 12(b)(6). The motion to dismiss asserting failure to a claim upon which relief can be granted will be determined upon the allegations in the complaint upon the applicable Rule 12(b)(6) standards without converting the motion to one for summary judgment pursuant to Fed.R.Civ.P. 56 avoiding the need to conduct timely and expensive discovery further delaying resolution of the motion to dismiss. Accordingly
IT IS ORDERED Plaintiffs' Motion for Extension of Time Pursuant to Rule 56(f) and Other Grounds (Doc 15) is DENIED. It is
FURTHER ORDERED that Plaintiffs shall file their response to Defendants' Motion to Dismiss within 20 days from the date of this order and Defendants shall have 10 days to reply.