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)

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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-

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