Opinion
Civil Action No. 07-cv-00088-PSF-BNB.
August 10, 2007
ORDER
Currently pending before the Court is Defendant's Motion to Dismiss (Dkt. # 14), filed on March 6, 2007. In her response (Dkt. # 15), plaintiff asserts that defendant improperly relied on documents other than the complaint in arguing his motion to dismiss, that defendant's motion should therefore be converted into a motion for summary judgment, and that plaintiff should be granted additional time under F.R.Civ.P. 56(f) to conduct discovery.
Pursuant to a scheduling order issued by the Magistrate Judge on April 2, 2007 (Dkt. # 17), the discovery cut-off date in this case was August 2, 2007. Thus, it appears that plaintiff now has the benefit of full discovery, and her motion under F.R.Civ.P. 56(f) is moot. In light of the current state of the case, and without commenting on the validity of either party's arguments, the Court will allow plaintiff an opportunity to file a supplemental brief in opposition to defendant's motion to dismiss no later than Friday, August 31, 2007. Defendant's supplemental reply brief, if any, is due no later than Friday, September 14, 2007.