Landon v. The West Baton Rouge Council et al

Filing 20

NOTICE AND ORDER: Pursuant to Rule 12(d), Fed.R.Civ.P., the parties are hereby notified that the defendants Motion to Dismiss Pursuant to 12(b)(1), Lack of Subject-Matter Jurisdiction is converted to a Rule 56 Motion for Summary Judgment. Parties shall have 14 days from the date of this order to file any additional summary judgment materials as set forth in Rule 56(c) or a supplemental memorandum of law. Signed by Magistrate Judge Stephen C. Riedlinger on 08/29/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

BRENDA LANDON
CIVIL ACTION
VERSUS
NUMBER 13-261-SCR
PHILIP A. PADGETT, M.D., ET AL.
NOTICE AND ORDER REGARDING MOTION TO DISMISS
Defendant Philip A. Padgett, M.D. filed a Motion to Dismiss
Pursuant to 12(b)(1), Lack of Subject-Matter Jurisdiction.
document number 18.
defendant

has

Record

Notwithstanding the title of the motion, the

not

presented

an

issue

of

subject-matter

jurisdiction, but rather challenges the merits of the plaintiff’s
claim based on evidence by outside of the pleadings.1
Pursuant to Rule 12(d), Fed.R.Civ.P., the parties are hereby
notified

that

the

defendant’s

Motion

to

Dismiss

Pursuant

to

12(b)(1), Lack of Subject-Matter Jurisdiction is converted to a
Rule 56 motion for summary judgment.
Therefore;
IT IS ORDERED that the parties shall have 14 days from the
date

of

1

this

order

to

file

any

additional

summary

judgment

See Stanley v. RBO Custom Home Builders, L.L.C., 2006 WL
3366134 (E.D.La. 11/20/06), citing, Arbaugh v. Y & H Corporation,
546 U.S. 500, 126 S.Ct. 1235 (2006)(question of employee-numerosity
under the ADEA is an element of the claim for relief which must be
resolved by a trier of fact, not an issue of subject-matter
jurisdiction).

materials as set forth in Rule 56(c) or a supplemental memorandum
of law.
Baton Rouge, Louisiana, August 29, 2013.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE