McGowan v. Service Employees International Union, Local #113 et al
Filing
27
ORDER: IT IS ORDERED THAT:1.The hearing scheduled for July 28, 2011, is cancelled.2.Defendants motions to dismiss [Docket Nos. 6, 9] are DENIED.(Written Opinion). Signed by Judge Joan N. Ericksen on July 26, 2011. (slf)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Mary McGowan,
Plaintiff,
v.
Civil No. 11-502 (JNE/JJK)
ORDER
Service Employees International
Union, Local #113 a/k/a SEIU
Healthcare Minnesota, and
Group Health Plan, Inc.,
Defendants.
The case is before the Court on Defendants’ motions to dismiss the First Amended
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Alternatively, Group Health
Plan, Inc. asks the Court to consider its motion as one for summary judgment. Both Defendants
submitted materials outside of the pleadings that are not properly considered on a motion to
dismiss pursuant to Rule 12(b)(6). See Mulvenon v. Greenwood, No. 10-1957, 2011 WL
2272134, at *3 (8th Cir. June 10, 2011) (“In addressing a motion to dismiss, ‘[t]he court may
consider the pleadings themselves, materials embraced by the pleadings, exhibits attached to the
pleadings, and matters of public record.’” (alteration in original) (quoting Mills v. City of Grand
Forks, 614 F.3d 495, 498 (8th Cir. 2010))). The materials submitted by Defendants, as well as
the arguments made by the parties, are more appropriately considered in conjunction with a
motion for summary judgment. The Court declines to convert the motions to ones for summary
judgment, see Fed. R. Civ. P. 12(d), and denies Defendants’ motions to dismiss. To the extent
the parties seek summary judgment, they may move for it pursuant to Federal Rule of Civil
Procedure 56. The Court cancels the July 28 hearing.
1
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.
The hearing scheduled for July 28, 2011, is cancelled.
2.
Defendants’ motions to dismiss [Docket Nos. 6, 9] are DENIED.
Dated: July 26, 2011
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge
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