Reitz v. City of Abilene et al

Filing 87

Memorandum Opinion and Order. Because the Court has exercised its discretion to not exclude the materials presented with the County's motion to dismiss, the Court CONVERTS "Defendant Taylor County, Texas' Motion to Dismiss for Failure to State a Claim [12(b)(6)]" 64 to a motion for summary judgment and DENIES that motion without prejudice to the filing of a proper motion under Fed. R. Civ. P. 56(a) in accordance with this order. To give all parties a reasonable opportunity to present all pertinent material relative to summary judgment, the Court sets a 11/28/2018 deadline for Taylor County to file a motion for summary judgment on Plaintiff's claim of municipal liability. Plaintiff shall have the typical time to respond to that motion and Taylor County shall have he normal time to file a reply brief. See N.D. Tex. L.R. 7.1(e) and (f). (Ordered by Magistrate Judge E. Scott Frost on 10/31/2018) (jmc)