Nguyen v. Colvin

Filing 18

ORDER converting Defendant's motion to dismiss to a motion for summary judgment on the issue of timeliness. Signed by Judge John A. Houston on 3/12/2018.(jpp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 AIHOA T. NGUYEN, Case No.: 16-cv-1535-JAH-AGS Plaintiff, 12 13 v. 14 ORDER CONVERTING DEFENDANT’S MOTION TO DISMISS TO A MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF TIMELINESS CAROLYN W. COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 17 18 Before the Court is Defendant’s Motion to Dismiss, wherein Defendant argues 19 Plaintiff failed to timely file her complaint pursuant to 42 U.S.C. § 405(g). [Doc. No. 11– 20 1]. The parties have both submitted declarations and exhibits in support of their respective 21 positions. “As a general rule, ‘a district court may not consider any material beyond the 22 pleadings in ruling on a Rule 12(b)(6) motion.’” Lee v. City of Los Angeles, 250 F.3d 668, 23 688 (9th Cir. 2001) (quoting Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir. 1994) (citation 24 omitted). 25 When “matters outside the pleading are presented to and not excluded by the court,” 26 a Rule 12(b)(6) motion is to “be treated as one for summary judgment and disposed of as 27 provided in Rule 56, and all parties shall be given reasonable opportunity to present all 28 material made pertinent to such a motion by Rule 56.” Fed.R.Civ.P. 12(b). The Court shall 1 16-cv-1535-JAH-AGS 1 consider the parties’ submitted evidence, and in doing so, converts Defendant’s Motion to 2 Dismiss to a Motion for Summary Judgment on the sole issue of timeliness. The parties 3 will have the opportunity to supplement the record should they desire to do so. Any 4 additional evidence shall be submitted to this Court no later than March 26, 2018. 5 6 7 8 9 IT IS SO ORDERED. DATED: March 12, 2018 ____________________________________ JOHN A. HOUSTON United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 16-cv-1535-JAH-AGS

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