Adkins et al v. Williams Transport et al, No. 2:2009cv01052 - Document 40 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER notifying the parties that defendant Williams Holdings, LLC's 16 Motion to Dismiss, filed on 12/15/2009, may be converted to one for Summary Judgment; if any party wishes to present material pertinent to that motion, it should do so no later than 06/07/2010. Signed by Judge David A. Faber on 5/24/2010. (cc: attys) (mkw)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JOHNNY ADKINS, et al., Plaintiffs, v. CIVIL ACTION No. 2:09-1052 WILLIAMS TRANSPORT, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), filed by defendant Williams Holdings, LLC, on December 15, 2009. Plaintiffs did not file a response to defendant s motion. In support of its motion, defendant has attached an affidavit from Dan Williamson. According to Fed. R. Civ. P. 12(d), [i]f, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. THE PARTIES ARE HEREBY NOTIFIED THAT THE MOTION TO DISMISS, FILED ON DECEMBER 15, 2009, MAY BE CONVERTED TO ONE FOR SUMMARY JUDGMENT. IF ANY PARTY WISHES TO PRESENT MATERIAL PERTINENT TO THAT MOTION, IT SHOULD DO SO NO LATER THAN JUNE 7, 2010. The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this the 24th day of May, 2010. ENTER: David A. Faber Senior United States District Judge 2
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