Opinion
Civil Action No. 10-cv-01936-WJM-BNB
11-17-2011
RANDY S. GOLDENHERSH, Plaintiff, v. AURORA LOAN SERVICES LLC, and DALE & DECKER LLC, Defendants.
Magistrate Judge Boyd N. Boland
ORDER
This matter arises on the Defendants' Motion to Dismiss Plaintiff's Amended Complaint Pursuant to 12(b)(6) [Doc. #110, filed 11/14/2011] (the "Motion").
The defendants have filed a motion to dismiss pursuant to Rule 12(b)(6), Fed. R. Civ. P. In ruling on a motion to dismiss for failure to state a claim upon which relief can be granted, I may treat the motion as a motion for summary judgment pursuant to Fed. R. Civ. P. 56 when matters outside the pleadings are presented to and not excluded by me and all parties have been given a reasonable opportunity to respond as provided in Rule 56. Fed. R. Civ. P. 12(d).
The defendants have submitted matters outside the pleadings which are not subject to judicial notice. Accordingly,
IT IS ORDERED:
1. The Motion is converted to a motion for summary judgment under Fed. R. Civ. P. 56; and
2. On or before December 7, 2011, the plaintiff shall respond to the Motion as provided in Rule 56.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge