Tucker et al v. City of Colfax et al

Filing 29

MEMORANDUM ORDER re 12 MOTION to Dismiss Pursuant to Rule 12(b)(6), 12(b)(4) MOTION for More Definite Statement MOTION to Strike filed by Town of Colfax, Leroy Johnson, Gerald Hamilton. IT IS ORDERED that defendants' motion to dismiss pu rsuant to Rule 12(b)(6) shall be TREATED AS ONE FOR SUMMARY JUDGMENT PURSUANT TO RULE 56. IT IS FURTHER ORDERED that the parties have sixty (60) calendar days from the date of this order to complete discovery. IT IS ORDERED that plaintiffs have thir ty (30) calendar days thereafter to file a response to defendants' motion for summary judgment. IT IS ORDERED that defendants may file a reply to the response within ten (10) business days after plaintiffs' response is filed. IT IS ORDERED that defendants' motion to dismiss pursuant to Fed.R.Civ.P. rule 12(b)(4) is DENIED. Signed by Magistrate Judge James D Kirk on 3/1/2012. (crt,Kennedy, T)

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