The injunctive relief and punitive damages sought by Plaintiff are remedies for the harms alleged; however, they do not by themselves set forth independent causes of action. SeePotente v. Citibank, N.A. , 282 F.Supp.3d 538, 548 (E.D.N.Y. 2017) ("The [d]efendant is correct that ‘injunctions are remedies, not causes of action,’ and therefore, the [p]laintiffs' fourth ‘cause of action’ is dismissed pursuant to Rule 12(b)(6)."
When a party submits additional evidence in connection with a motion to dismiss, a court “must either ‘exclude the additional material and decide the motion on the complaint alone' or ‘convert the motion to one for summary judgment under Fed.R.Civ.P. 56 and afford all parties the opportunity to present supporting material.'” Potente v. Citibank, N.A., 282 F.Supp.3d 538, 543 (E.D.N.Y. 2017) (citations omitted). Both parties include exhibits with their motion papers, but neither party requests that I convert this motion into a summary judgment motion.
When a party submits additional evidence in connection with a motion to dismiss that does not fall into these categories, "a district court must either exclude the additional material and decide the motion on the complaint alone or convert the motion to one for summary judgment under Fed. R. Civ. P. 56 and afford all parties the opportunity to present supporting material." Potente v. Citibank, N.A. , 282 F. Supp. 3d 538, 543 (E.D.N.Y. 2017) (quoting Friedl v. City of New York , 210 F.3d 79, 83 (2d Cir. 2000) ) (internal quotation marks omitted). The photographs of the packaging for various Energizer battery packs sold through various websites are not integral to the complaint or incorporated in it by reference.
When a party submits additional evidence in connection with a motion to dismiss, "a district court must either ‘exclude the additional material and decide the motion on the complaint alone’ or ‘convert the motion to one for summary judgment under Fed. R. Civ. P. 56 and afford all parties the opportunity to present supporting material.’ " Potente v. Citibank, N.A. , 282 F. Supp. 3d 538, 543 (E.D.N.Y. 2017) (citations omitted). Both parties include exhibits with their motion papers, but neither party requests that I convert this motion into a summary judgment motion.
When a party submits additional evidence in connection with a motion to dismiss, "a district court must either 'exclude the additional material and decide the motion on the complaint alone' or 'convert the motion to one for summary judgment under Fed. R. Civ. P. 56 and afford all parties the opportunity to present supporting material.'" Potente v. Citibank N.A., 282 F. Supp. 3d 538, 543 (E.D.N.Y. 2017) (citations omitted). Both parties include exhibits with their motion papers, but neither requests that I convert this motion into one for summary judgment.