McCray v. Marriott Hotel Services, Inc. et al

Filing 18

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 IAN MCCRAY, United States District Court Northern District of California 11 12 13 Case No. 16-cv-02092 NC Plaintiff, 10 ORDER RE: DEFENDANTS’ MOTION TO DISMISS v. MARRIOTT HOTEL SERVICES, INC., et al., Defendants. 14 15 Under Federal Rule of Civil Procedure 12(d), a court must treat a motion to dismiss 16 that presents matters outside the pleadings as a motion for summary judgment under Rule 17 56. Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). If a court converts a 18 motion to dismiss into a motion for summary judgment, the court must give the parties 19 notice and a reasonable opportunity to supplement the record. Bank Melli Iran v. Pahlavi, 20 58 F.3d 1406, 1408 (9th Cir. 1995). 21 Here, the parties have briefed motions to remand and dismiss, covering similar 22 issues. The Court is inclined to treat the motion to dismiss as a motion for summary 23 judgment because it appears that documents outside the pleadings are necessary to resolve 24 the motion. The parties should be prepared to address treating the motion to dismiss as a 25 motion for summary judgment at the hearing on June 1, 2016. 26 27 IT IS SO ORDERED. Dated: May 25, 2016 28 Case No. 16-cv-02092 NC _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge

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