Bricklayers and Allied Craftsmen Local Union No. 3 v. Union Stone, Inc. et al

Filing 21

ORDER re 15 MOTION to Dismiss filed by Union Stone, Inc: The parties are herewith put on notice that the Court will treat the motion to dismiss as a motion for summary judgment pursuant to Fed. R. Civ. P. 56. -- The parties are instructed to submit all materials, if any, which they consider pertinent to the motion, on or before OCTOBER 7, 2013. So Ordered by Chief Judge Mary M. Lisi on 9/20/2013. (Duhamel, John)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
BRICKLAYERS AND ALLIED
CRAFTSMEN LOCAL UNION NO. 3,
Plaintiff,
v.

C.A. No. 13-138-ML

UNION STONE, INC.
and
NUZZO CAMPION STONE
ENTERPRISES, INC.
Defendants.

ORDER
Union Stone, Inc. (“Union Stone”), one of the defendants in
this action brought by Bricklayers and Allied Craftsmen Local Union
No. 3. (“Local 3") to enforce a labor arbitration award, has filed
a motion under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) to dismiss
Local 3's complaint. In the course of arguing their respective
positions,

both

parties

have

submitted

materials

outside

the

pleadings. As provided in Fed. R. Civ. P. 12(d), the Court, on its
own motion, has determined that it will not exclude those materials
in considering Union Stone’s motion.
The parties are herewith put on notice that the Court will
treat the motion to dismiss as a motion for summary judgment
pursuant to Fed. R. Civ. P. 56.

The parties are instructed to

submit all materials, if any, which they consider pertinent to the
1

motion, on or before October 7, 2013.
SO ORDERED.
/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
September 20, 2013

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