Dickens v. Werner Enterprises, Inc., No. 1:2012cv00076 - Document 14 (N.D.W. Va. 2012)

Court Description: OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO STRIKE MATTERS IN PLAINTIFF'S RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THAT ARE OUTSIDE OF THE PLEADINGS OR ALTERNATIVELY MOTION TO CONVERT DEFENDANT 'S MOTION TO DISMISS INTO A MOTION FOR SUMMARY JUDGMENT: It is ORDERED that Defendant's 13 Motion to Strike Matters Outside the Pleadings is granted and Defendant's Motion to Convert the Motion to Dismiss into a Motion for Summary Judgment is denied. Signed by Magistrate Judge John S. Kaull on 7/26/12. (Attachments: # 1 Envelope)(copy Plaintiff)(cnd)