McCray v. Marriott Hotel Services, Inc. et al
Filing
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ORDER RE: DEFENDANTS' MOTION TO DISMISS. Signed by Judge Nathanael Cousins on 5/25/2016. (lmh, COURT STAFF) (Filed on 5/25/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IAN MCCRAY,
United States District Court
Northern District of California
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Case No. 16-cv-02092 NC
Plaintiff,
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ORDER RE: DEFENDANTS’
MOTION TO DISMISS
v.
MARRIOTT HOTEL SERVICES, INC.,
et al.,
Defendants.
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Under Federal Rule of Civil Procedure 12(d), a court must treat a motion to dismiss
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that presents matters outside the pleadings as a motion for summary judgment under Rule
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56. Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). If a court converts a
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motion to dismiss into a motion for summary judgment, the court must give the parties
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notice and a reasonable opportunity to supplement the record. Bank Melli Iran v. Pahlavi,
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58 F.3d 1406, 1408 (9th Cir. 1995).
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Here, the parties have briefed motions to remand and dismiss, covering similar
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issues. The Court is inclined to treat the motion to dismiss as a motion for summary
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judgment because it appears that documents outside the pleadings are necessary to resolve
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the motion. The parties should be prepared to address treating the motion to dismiss as a
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motion for summary judgment at the hearing on June 1, 2016.
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IT IS SO ORDERED.
Dated: May 25, 2016
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Case No. 16-cv-02092 NC
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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