Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#/DocketEntry/ilnd;;1:12-cv-02420_de30> ?p ?o ?g. }
Showing items 1 to 4 of
4
with 100 items per page.
- ilnd;;1:12-cv-02420_de30 RegisterActionDate "2013-06-05" @default.
- ilnd;;1:12-cv-02420_de30 RegisterActionDescriptionText "MINUTE entry before Honorable John Z. Lee: On 10/12/12, Defendant moved to dismiss Plaintiff's FMLA claims pursuant to Fed. R. Civ. P. 12(b)(6). When deciding a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the Court is confined to the pleadings. See Beam v. IPCO Corp., 838 F.2d 242, 244 (7th Cir. 1988). If matters outside the pleadings are presented to and considered by the Court, the Court must treat the motion to dismiss as a summary judgment motion and provide appropriate notice to afford the parties an opportunity to supplement the record. Id. Defendants motion to dismiss states that Plaintiff worked for Defendant for 1,045.37 hours in the year prior to his termination. At a hearing, Plaintiff's counsel confirmed that Plaintiff worked for Defendant less than 1,250 hours that year. These facts, however, are not in Plaintiff's Complaint, and thus cannot be considered by the Court unless Defendant's motion to dismiss is considered as a motion for summary judgment. Accordingly, the Court hereby converts Defendant's motion to dismiss into a motion for summary judgment. The parties are granted leave to supplement the record as to two facts: (1) the number of hours Plaintiff worked for Defendant in the year prior to his termination; and (2) the date Plaintiff's requested FMLA leave would have begun had it been granted. By 6/12/13, Defendant shall file a statement of fact setting forth the number of hours Plaintiff worked for Defendant in the year prior to his termination, and Plaintiff shall file a statement of fact setting forth the date his requested FMLA would have begun. If Plaintiff did not disclose to Defendant the date on which his FMLA would have begun at the time he made the request, that should be noted in Plaintiffs statement of fact. These statements of fact shall not exceed five numbered paragraphs and shall be supported by any admissible materials the parties deem necessary. By 6/19/13, the parties shall file concise responses to the statements of fact, noting any disagreement with the facts set forth in each numbered paragraph, and any admissible supporting materials that form the basis of such disagreement. Mailed notice (ca, ) (Entered: 06/05/2013)" @default.
- ilnd;;1:12-cv-02420_de30 AdministrativeID "32" @default.
- ilnd;;1:12-cv-02420_de30 OntologyLabel minute_entry @default.