Quraishi v. No Defendants Named

Filing 21

NOTICE of Coversion to Summary Judgment re: 17 Defendants Motion to Dismiss. Defendant has filed the motion pursuant to Fed. R. Civ. P. 12(b)(6) and wishes to support the motion with documents outside the pleadings, it is proper to inform the part ies that the Court will convert the Motion to Dismiss into a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. Plaintiff shall file a response to the motion on or before 12/10/2009. Defendant may file a reply to the Plaintiffs response within fifteen (15) days after the response is filed. By Magistrate Judge Michael E. Hegarty on 11/17/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01074-ZLW-MEH QUDSIA QURAISHI, Ph.D., Plaintiff, v. CARLOS M. GUTIERREZ, Secretary, Department of Commerce, Defendant. NOTICE OF CONVERSION TO SUMMARY JUDGMENT ______________________________________________________________________________ Pending before the Court is Defendant's Motion to Dismiss [docket #17]. Because Defendant has filed the motion pursuant to Fed. R. Civ. P. 12(b)(6) and wishes to support the motion with documents outside the pleadings, it is proper to inform the parties that the Court will convert the Motion to Dismiss into a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. See David v. City & County of Denver, 101 F.3d 1344, 1352 (10th Cir. 1996). Consequently, the Plaintiff shall file a response to the motion on or before December 10, 2009, and may respond to the materials already submitted by the Defendant with "all the material that is pertinent to the motion." Fed. R. Civ. P. 12(d) (2009). Defendant may file a reply to the Plaintiff's response within fifteen (15) days after the response is filed. Dated at Denver, Colorado, this 17th day of November, 2009. BY THE COURT:

Michael E. Hegarty United States Magistrate Judge