Carrasco v. Evangelical Lutheran Good Samaritan Society et al
Filing
9
ORDER denying 4 Motion to Dismiss. Signed by Judge David G Campbell on 8/18/2014.(DGC, nvo)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Rebecca Carrasco,
No. CV-14-01585-PHX-DGC
Plaintiff,
10
11
v.
12
ORDER
Evangelical Lutheran Good Samaritan
Society, et al.,
13
Defendants.
14
15
16
Defendant The Evangelical Lutheran Good Samaritan Society has filed a motion
to dismiss. Doc. 4. The Court will deny the motion.
17
Defendant’s motion does not cite a Federal Rule of Civil Procedure upon which
18
dismissal could be granted. Instead of relying on Rule 12(b), Defendant argues that
19
Plaintiff’s complaint should be dismissed because she agreed to binding arbitration.
20
Doc. 4 at 2. In support, Defendant cites facts outside of the pleadings, as does Plaintiff’s
21
response. The Court will not consider these facts. See Arpin v. Santa Clara Valley
22
Transp. Agency, 261 F.3d 912, 925 (9th Cir. 2001) (refusing to consider matters outside
23
the pleadings in deciding motion to dismiss the plaintiff’s complaint). With the extra-
24
pleading facts disregarded, the Court finds no basis in the motion for dismissing
25
Plaintiff’s claim. 1
26
1
27
28
Plaintiff asserts that the Court should treat Defendant’s motion as one for
summary judgment because the Court has been asked to consider matters outside the
pleading. Doc. 5 at 1. But summary judgment is a merits determination and Defendant’s
argument does not address the merits of Plaintiff’s complaint. The Court therefore will
not convert Defendant’s motion to one for summary judgment.
1
2
The Court will not construe Defendant’s motion as a motion to compel arbitration
because the motion does not seek that relief.
3
IT IS ORDERED that Defendant’s motion to dismiss (Doc. 4) is denied.
4
Dated this 18th day of August, 2014.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?