Havens v. Johnson

Filing 48

NOTICE OF CONVERSION TO SUMMARY JUDGMENT. The Court will convert the 24 Motion to Dismiss into a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. Any additional briefing by either party must be submitted on or before 05/07/2010, by Magistrate Judge Michael E. Hegarty on 04/23/2010. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01380-MSK-MEH DARRELL L. HAVENS, Plaintiff, v. WILLIAM JOHNSON, Arvada Police Detective, Defendant. NOTICE OF CONVERSION TO SUMMARY JUDGMENT ______________________________________________________________________________ Pending before the Court is Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) ("Motion"), alleging that Plaintiff fails to state a claim upon which relief may be granted because he filed his lawsuit against Defendant outside the applicable statute of limitations [docket #24]. Plaintiff timely filed a response and Defendant his reply brief. With his response, the Plaintiff attached several letters and other documents in support of his position. Because the Plaintiff wishes to support his response to the Motion to Dismiss 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, either party may submit any additional briefing on the Motion, and in such additional briefing, the parties may respond to the materials already submitted by the Plaintiff with any "material that is pertinent to the motion." Fed. R. Civ. P. 12(d). Therefore, it is ORDERED that any additional briefing by either party must be submitted on or before May 7, 2010.

Dated at Denver, Colorado, this 23rd day of April, 2010. BY THE COURT:

Michael E. Hegarty United States Magistrate Judge

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