USA v. Goodman et al

Filing 42

Notice of Conversion to Summary Judgment re: 32 MOTION to Vacate. The parties wish to support their briefs with documents outside the pleadings and because the discovery cutoff in this case has passed the Court will convert the Motion into a Motion for Summary Judgment. ORDERED that any additional briefing must be submitted on or before 1/13/2012, by Magistrate Judge Michael E. Hegarty on 12/13/11. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00274-RBJ-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
LAURENCE R. GOODMAN,
Defendant.

NOTICE OF CONVERSION TO SUMMARY JUDGMENT
______________________________________________________________________________
Before the Court is Defendant’s “Motion to Vacate Administrative Assessments and Liens,”
which he brings pursuant to Fed. R. Civ. P. 12(b) (“Motion”), alleging that Plaintiff fails to state a
claim upon which relief may be granted [docket #32]. Plaintiff timely filed a response and
Defendant his reply brief. With the briefing, the parties attached several letters and other documents
in support of their positions.
Because the parties wish to support their briefs with documents outside the pleadings and
because the discovery cutoff in this case has passed, it is proper to inform the parties that the Court
will convert the Motion 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 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 January 13, 2012.

Dated at Denver, Colorado, this 13th day of December, 2011.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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