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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AIHOA T. NGUYEN,

Case No.: 16-cv-1535-JAH-AGS
Plaintiff,

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v.

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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,

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Defendant.

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Before the Court is Defendant’s Motion to Dismiss, wherein Defendant argues

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Plaintiff failed to timely file her complaint pursuant to 42 U.S.C. § 405(g). [Doc. No. 11–

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1]. The parties have both submitted declarations and exhibits in support of their respective

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positions. “As a general rule, ‘a district court may not consider any material beyond the

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pleadings in ruling on a Rule 12(b)(6) motion.’” Lee v. City of Los Angeles, 250 F.3d 668,

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688 (9th Cir. 2001) (quoting Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir. 1994) (citation

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omitted).

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When “matters outside the pleading are presented to and not excluded by the court,”

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a Rule 12(b)(6) motion is to “be treated as one for summary judgment and disposed of as

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provided in Rule 56, and all parties shall be given reasonable opportunity to present all

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material made pertinent to such a motion by Rule 56.” Fed.R.Civ.P. 12(b). The Court shall
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16-cv-1535-JAH-AGS

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consider the parties’ submitted evidence, and in doing so, converts Defendant’s Motion to

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Dismiss to a Motion for Summary Judgment on the sole issue of timeliness. The parties

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will have the opportunity to supplement the record should they desire to do so. Any

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additional evidence shall be submitted to this Court no later than March 26, 2018.

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IT IS SO ORDERED.
DATED:

March 12, 2018
____________________________________
JOHN A. HOUSTON
United States District Judge

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16-cv-1535-JAH-AGS