Buren v. BC Services, Inc

Filing 9

ORDER Deeming 8 MOTION to Dismiss as a Motion for Summary Judgment: plaintiff will respond accordingly and scheduling conference set for August 19, 2014, is vacated, by Judge Richard P. Matsch on 7/31/2014. (jsmit)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 14-cv-01392-RPM BRUCE BUREN, Plaintiff, vs. BC SERVICES, INC., Defendant. _____________________________________________________________________ ORDER DEEMING MOTION TO DISMISS AS MOTION FOR SUMMARY JUDGMENT AND DIRECTING RESPONSE _____________________________________________________________________ On July 30, 2014, the defendant filed a motion to dismiss. In that motion, the defendant has included matters not alleged in the complaint, including exhibits. Accordingly, it is ORDERED that the motion to dismiss is deemed a motion for summary judgment under Fed. R. Civ. P. 56 and the plaintiff will respond accordingly. It is also ORDERED that the scheduling conference set for August 19, 2014, is vacated. DATED: July 31st, 2014 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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