Esoimeme v. United Airlines, Inc.

Full title: JAMES ESOIMEME, Plaintiff(s), v. UNITED AIRLINES, INC., Defendant(s)

Court: United States District Court, Ninth Circuit, California, N.D. California

Date published: Jan 29, 2007

C02-5347 BZ (N.D. Cal. Jan. 29, 2007)

Opinion

JAMES ESOIMEME, Plaintiff(s), v. UNITED AIRLINES, INC., Defendant(s) No. C02-5347 BZ United States District Court, N.D. California. January 29, 2007

          FURTHER BRIEFING ORDER

          BERNARD ZIMMERMAN, Magistrate Judge

         It appears to the court that defendant's Rule 12(b)(6) motion to dismiss cannot be resolved without reliance on matters outside the pleadings, not all of which have been the subject of requests for judicial notice. It is therefore ORDERED as follows:

         1) Defendants' motion is converted into a Rule 56 motion for summary judgment, which requires that "all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56." See Fed.R.Civ.P. 12(b).

         2) The hearing scheduled for February 7, 2007 is VACATED.

         3) Plaintiff's request, pursuant to Rule 56(f), to take additional discovery pertaining to defendant's motion is GRANTED, provided that such discovery is limited to the matters raised in defendant's motion.

         4) Plaintiff shall complete his additional discovery by February 28, 2007.

         5) Defendant, if it wishes, may by February 21, 2007 file further papers in support of its motion for summary judgment.

         6) Plaintiff, if he wishes, may file an opposition by March 7, 2007;

         7) Defendant may file a reply by March 14, 2007;

         8) All evidence shall be filed in accordance with Rule 56(c).

         9) Defendant's motion for summary judgment shall be heard on March 21, 2007 at 10:00 a.m. in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102.