Dias v. Community Action Project, Inc. et al
Filing 28
MEMORANDUM AND ORDER: The court concludes that Defendants' motions to dismiss under Rule 12(b)(1) for lack of jurisdiction should be denied, and that their motions under Rule 12(b)(6) for failure to state a claim should be converted into motions for summary judgment. In order to ensure that there has been an adequate opportunity for submissions on the existence of factual issues, the parties should contact Magistrate Judge Reyes no later than March 11,2009 to set up a schedule for limited d iscovery and supplemental submissions on the threshold issue of coverage under either the joint or single employer theory. When those submissions have been made, the court will consider Defendants' motions as motions for summary judgment. Ordered by Judge Nicholas G. Garaufis on 3/4/2009. (Lee, Tiffeny)
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