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Kathleen Quenzel Eaker v. Robert J. Hertz

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 16, 2011

KATHLEEN QUENZEL EAKER, PLAINTIFF,
v.
ROBERT J. HERTZ, MADISON COUNTY, ILLINOIS, AND NICHOLAS MOOSHEGIAN, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the motion to dismiss filed by the defendants pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 9). The motion to dismiss refers to matters outside the pleadings. When such material is presented in connection with a Rule 12(b)(6) motion to dismiss, the Court may treat the motion to dismiss as a motion for summary judgment or it may exclude the additional material from consideration. See Fed. R. Civ. P. 12(d). In this case, the Court believes consideration of the matters outside the pleadings may expedite the disposition of this case. Therefore, the Court gives the plaintiff NOTICE that the Court will construe the defendant's motion as a motion for summary judgment under Federal Rule of Civil Procedure 56. The plaintiff should respond accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20111116

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