Seng v. Americana Investments, LLC et al

Filing 92

MINUTE ORDER denying 65 Motion for Summary Judgment; denying 66 Motion for Summary Judgment. By Magistrate Judge Kathleen M. Tafoya on 7/28/14. Text Only Entry(kmtlc1 )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13–cv–01745–REB–KMT

CHUN CHEE SENG,
Plaintiff,
v.
AMERICAN INVESTMENTS, LLC,
MARGARET V. ANDERSON-CLARKE,
ANDERSON-CLARKE LAW,
BRIAN D. WEST, and
WEST LAW GROUP, P.C.,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Defendants Brian D. West and the West Law Group, P.C.[’s] Motion to Dismiss Complaint
Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) or Alternatively for Said Motion to Be Treated
as a Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56” (Doc. No. 65) and
“Defendant Americana Investments, LLC[’s] Motion to Dismiss Complaint Pursuant to Fed. R.
Civ. P. 12(b)(6) or Alternatively for Said Motion to Be Treated as a Motion for Partial Summary
Judgment Pursuant to Fed. R. Civ. P. 56” (Doc. No. 66) are DENIED. The motions contain no
new substantive material. Moreover, because the exhibits referenced in the motions to dismiss
are attached to the Complaint, the court may consider them. Hall v. Bellmon, 935 F.2d 1106,
1112 (10th Cir. 1991) (written documents attached to the complaint are exhibits and are
considered part of the complaint for consideration in a rule 12(b)(6) dismissal). Finally, as to the
West Defendants’ Motion to Dismiss, it is well settled that the court may consider affidavits and
other written materials in resolving a motion to dismiss for lack of personal jurisdiction. See,
e.g., Bell Helicopter Textron, Inc. v. Heliqwest Int’l, Ltd., 385 F.3d 1291, 1295–96 (10th Cir.
2004) (court may consider evidence consisting of affidavits and other written materials on
motion to dismiss for lack of personal jurisdiction).
Dated: July 28, 2014