Graham v. Entergy Arkansas Inc

Filing 9

ORDER, the Court will treat 2 MOTION to Dismiss filed by Entergy Arkansas Inc as a Motion for Summary Judgment, and hereby directs the parties to file within 14 days any evidence it considers pertinent to the motion. Signed by Judge Susan Webber Wright on 6/21/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

JAMES A. GRAHAM,
Plaintiff,
vs.
ENTERGY ARKANSAS, INC.,
Defendant.

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No. 1:11CV00020

Order
Before the Court is defendant’s motion to dismiss to which plaintiff responded. Defendant
filed a reply that included exhibits including an affidavit. Because the Court may consider those
exhibits in ruling on the motion to dismiss, the Court will treat the motion as one for summary
judgment. See Fed.R.Civ.P. 12(d). The Court directs the parties to file within fourteen (14) days
any evidence it considers pertinent to the motion.
SO ORDERED this 21st day of June, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE