O'Harra v. Bryner

Full title: GORDON O'HARRA, Plaintiff, v. HON. BRYCE K. BRYNER, et al., Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Jun 9, 2004

Case No. 2:04-CV-00319TC (D. Utah Jun. 9, 2004)

Opinion

Case No. 2:04-CV-00319TC.

June 9, 2004

ORDER

TENA CAMPBELL, District Judge

This matter is before the court on Plaintiff's Objection to and Motion to Strike Defendants' Motion to Dismiss. Having considered the merits of the motion, the court DENIES Plaintiff's Objection to and Motion to Strike Defendants' Motion to Dismiss, and will treat Defendants' Federal Rule of Civil Procedure 12(b)(6) Motion to Dismiss as a Rule 12(c) Motion for Judgment on the Pleadings.Atlantic Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138, 1160 (10th Cir. 2000) ("A motion for judgment on the pleadings under Rule 12(c) is treated as a motion to dismiss under Rule 12(b)(6).")

SO ORDERED.