Opinion
Civil Action No. 11-cv-02676-WYD-CBS
03-16-2012
RESON LEE WOODS and SHAUN K. WOODS, Plaintiffs, v. THE FIRST NATIONAL BANK OF DURANGO, a chartered National Bank, Defendant.
Chief Judge Daniel
ORDER
THIS MATTER is before the Court on Defendant's Motion to Dismiss filed February 21, 2012 [ECF No. 32]. Attached to the motion is an affidavit and exhibits not referenced in the Second Amended Complaint. In addition, the Response to the Motion attaches additional exhibits. Pursuant to the Federal Rules of Civil Procedure, if matters outside the pleadings are presented to and not excluded by the Court, 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. Gunther, 52 F.3d 874, 877 (10th Cir. 1995).
The Court finds that it is appropriate to consider the matters outside of the pleadings that were presented by the parties in resolving Defendant's motion. Accordingly, notice is hereby given that Defendant's Motion to Dismiss is converted to a Motion for Summary Judgment. Any party who wishes to submit additional materials for the Court to consider in connection with the Motion for Summary Judgment may do so by the deadline for Defendant to submit its Reply.
BY THE COURT:
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Wiley Y. Daniel
Chief United States District Judge