DS Waters of America, Inc. v. Western Slope Bar Supplies

Full title: DS WATERS OF AMERICA, INC., Plaintiff, v. WESTERN SLOPE BAR SUPPLIES…

Court: United States District Court, D. Colorado

Date published: Apr 26, 2007

Civil Action No. 06-cv-02321-ZLW-MEH (D. Colo. Apr. 26, 2007)

Opinion

Civil Action No. 06-cv-02321-ZLW-MEH.

April 26, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is Defendant's Motion To Dismiss Plaintiff's Contract-Based Claims And Fraud Claim (Doc. No. 49). Plaintiff has attached exhibits to its response brief which, contrary to Plaintiff's assertion, are not referenced in the Amended Complaint. Therefore, pursuant to Fed.R.Civ.P. 12(b), it is

ORDERED that Defendant's motion shall be treated as one for summary judgment and disposed of as provided in Fed.R.Civ.P. 56. It is

FURTHER ORDERED that the parties may file any additional materials made pertinent by Rule 56 on or before May 4, 2007, at 9:00 a.m.