Lopez v. Reliance Standard Life Insurance Company

Filing 5

ORDER giving notice that the Court will convert the Motion to Dismiss into a Motion for Summary Judgment. Parties are granted leave to file supplemental documents to support or oppose a Motion for Summary Judgment. Dft shall file a brief, not to exceed 5 pages. Plf shall respond to dft's brief in a brief not to exceed 10 pages. There shall be no replies. Dft to file brief within 14 days. Plf shall file her brief within 7 days thereafter. Court's consideration of the 3 Motion is hereby deferred until supp briefing period has expired. Signed by District Judge Richard Voorhees on 4/19/2016. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:15-CV-00125-RLV-DCK
LUZ MARIA LOPEZ,
Plaintiff,
v.
RELIANCE STANDARD LIFE
INSURANCE COMPANY,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant Reliance Standard Life
Insurance Company’s Motion to Dismiss (the “Motion”). [Doc. No. 3]. The Plaintiff, Luz Maria
Lopez, is represented by counsel and has filed no opposing memorandum. The Court has reviewed
the Defendant’s Motion and finds that the Motion relies on matters outside of the pleadings. See
[Doc. No. 4]; [Doc. No. 4-1]; [Doc. No. 4-2]; [Doc. No. 4-3]. Pursuant to Rule 12(d) of the Federal
Rules of Civil Procedure, the Court hereby GIVES NOTICE to the parties that it shall convert
the motion to dismiss into a motion for summary judgment. See Fed. R. Civ. Pro. 12(d).
Accordingly, the parties are hereby GRANTED LEAVE to file supplemental documents
sufficient to support or oppose a motion for summary judgment. The Court is particularly
interested in any admissible evidence, presented by either affidavit or deposition, showing that the
Plaintiff failed to exhaust her appeal rights.
Defendant shall be permitted to file a supplemental brief, not to exceed FIVE (5) PAGES,
discussing any additional supporting authority or evidence. Plaintiff shall be given an opportunity
to respond to the Defendant’s supplemental briefing in a brief not to exceed TEN (10) PAGES.
There shall be no replies. Defendant shall file its supplemental briefing and/or evidence within
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FOURTEEN (14) DAYS of the date of this Order. Plaintiff shall file her responsive brief, if any,
within SEVEN (7) DAYS thereafter. The Court’s consideration of the Motion (Doc. No. 3) is
hereby DEFERRED until this supplemental briefing period has expired.
SO ORDERED.

Signed: April 19, 2016

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