Manson v. Am-Gard, Inc.

Full title: JEAN MANSON and YOM MANSON, Plaintiffs, v. AM-GARD, INC., a foreign…

Court: United States District Court, D. Colorado

Date published: Oct 4, 2006

Civil Action No. 06-cv-01759-WYD-PAC (D. Colo. Oct. 4, 2006)

Opinion

Civil Action No. 06-cv-01759-WYD-PAC.

October 4, 2006

ORDER

WILEY DANIEL, District Judge

THIS MATTER is before the Court on Defendants', United Government Security Officers of America, International Union, and its Local 50's Motion to Dismiss and, In the Alternative, Motion for Summary Judgment filed on September 27, 2006 [#8]. Attached to the motion is the Affidavit of James Carney. Pursuant to the Federal Rules, if a court does not exclude the matters presented that are outside the pleadings, a motion to dismiss pursuant to Rule 12(b)(6) shall be treated as a motion for summary judgment. Fed.R.Civ.P. 12(b); Lucero v. Gunter, 52 F.3d 874, 877 (10th Cir. 1995).

The Court finds that it is appropriate to consider matters outside of the pleadings in resolving Defendants' motion. Accordingly, notice is hereby given that Defendants' Motion to Dismiss shall be treated by the Court as a Motion for Summary Judgment. In conclusion, it is

ORDERED that Defendants', United Government Security Officers of America, International Union, and its Local 50's Motion to Dismiss and, In the Alternative, Motion for Summary Judgment filed on September 27, 2006 [#8], is converted to a Motion for Summary Judgment.