Opinion
23-cv-5184-JMY
06-10-2024
ORDER
JOHN MILTON YOUNGE, JUDGE
AND NOW, this 10th day of June, 2024 upon consideration of the Motion to Dismiss for Failure to State a Claim under Fed.R.Civ.P. 12(b)(6), filed by Defendant (ECF No. 5), after providing notice of intent to convert Defendant's motion to dismiss into a motion for summary judgment (ECF No. 11), and after considering all papers submitted in support thereof and in opposition thereto, it is ORDERED that the Court will apply the legal standard for summary judgment and GRANT Defendant's motion for the reasons set forth in the accompanying memorandum filed by the Court.