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)

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