Doe v. Trico Community School District No. 176 et al

Filing 25

MEMORANDUM AND ORDER. Court gives plaintiff Notice that the Court will construe the defendants' motion to dismiss 12 as a motion for summary judgment. The Court Strikes Docs. 18, 19 & 22. Plaintiff to respond to the pending summary judgment motion. Signed by Judge J. Phil Gilbert on 12/15/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JANE DOE, a Minor, by and Through Jane Doe 2, Her
Mother and Next Friend,
Plaintiff,
Case No. 11-cv-586-JPG-PMF
v.
TRICO COMMUNITY SCHOOL DISTRICT NO. 176, a
corporation, DENNIS SMITH, JOHN DENOSKY,
JERRY OHLAU and MICHAEL JENNINGS,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the defendants’ motion to dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(6) (Doc. 12). The motion to dismiss refers to matters outside
the pleadings. When such material is presented in connection with a Rule 12(b)(6) motion to
dismiss, the Court may treat the motion to dismiss as a motion for summary judgment or it may
exclude the additional material from consideration. See Fed. R. Civ. P. 12(d). In this case, the
Court believes consideration of the matters outside the pleadings may expedite the disposition of
this case. Therefore, the Court gives the plaintiff NOTICE that the Court will construe the
defendants’ motion as a motion for summary judgment under Federal Rule of Civil Procedure 56
and will allow the plaintiff an opportunity to respond to the motion as now construed. Since the
current response and reply briefs (Docs. 18, 19 & 22) treat the motion as if it were a motion to
dismiss and not for summary judgment, the Court STRIKES those filings. The plaintiff shall have
up to and including January 13, 2012, to respond to the pending summary judgment motion. The
defendants shall have 14 days from the plaintiff’s response to reply, if necessary.
IT IS SO ORDERED.
DATED: December 15, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE