Doucette v. SSA, No. 7:2016cv00075 - Document 11 (E.D. Ky. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: 1. parties are put on NOTICE that dft's motion to dismiss under Rule 12(b)(6) 5 will be converted to a motion for summary judgment under Rule 56. 2. pla has until Monday, October 17, 2016, to make any supplemental filing in record. Signed by Judge Danny C. Reeves on 10/11/2016. (RCB)cc: COR
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Doucette v. SSA Doc. 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION (at Pikeville) DANIEL L. DOUCETTE, Plaintiff, V. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 7: 16-75-DCR MEMORANDUM OPINION AND ORDER *** *** *** *** This matter is pending for consideration of the Commissioner’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [Record No. 5] In support, the Commissioner has provided exhibits, which include declarations of a Social Security Administration official and portions of the plaintiff’s administrative record. If, on a 12(b)(6) motion, “matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment.” CGH Transp., Inc. v. Quebecor World, Inc., 261 F. App’x 817, 822 (6th Cir. 2008); see also Fed. R. Civ. P. 12(d). Accordingly, it is hereby ORDERED as follows: 1. The parties are put on NOTICE that the defendant’s motion to dismiss under Rule 12(b)(6) [Record No. 5] will be converted to a motion for summary judgment under Rule 56. 2. The plaintiff has until Monday, October 17, 2016, to make any supplemental filing in the record. -1- Dockets.Justia.com This 11th day of October, 2016. -2-
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