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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)

Citation
Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Parent Document
Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises, Docket No. 05-4643-Cv, 448 F.3d 518 (2006)
Effective Date
2006-05-15

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A court may indeed convert a motion for judgment on the pleadings into a motion for summary judgment if “matters outside the pleadings are presented to and not excluded by the court.” Fed.R.Civ.P. 12(c). Although each side submitted excerpts from depositions taken in the earlier case against LC Properties, the district court categorically stated that “the Court finds it unnecessary to convert this motion.” In its decision, the district court relied only upon the pleadings and the Agreement, which was incorporated into the pleadings by reference. See, e.g., Nechis v. Oxford Health Plans, Inc.,