Evans v. Berryhill

S.D. Mississippi

Evans v. Berryhill

DecidedApril 7, 2020

Docket3:19-cv-00318

StatusUnknown

This text of Evans v. Berryhill (Evans v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Berryhill, (S.D. Miss. 2020).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

MARTHA EVANS PLAINTIFF

VERSUS CIVIL ACTION NO. 3:19-cv-318-CWR-MTP

NANCY A. BERRYHILL, Commissioner of Social Security DEFENDANT

ORDER THIS MATTER is before the Court on Defendant’s Motion to Dismiss [11] Plaintiff’s Complaint [1] as untimely. The motion included a 33-page exhibit and urged the Court to consider these materials in deciding the motion. Although the motion was filed under Rule 12(b)(1), it is more appropriately considered under Rule 12(b)(6). See Brown v. Soc. Sec. Admin., 2019 WL 6799769, at *2-3 (E.D. La. Dec. 13, 2019); Triplett v. Heckler, 767 F.2d 210, 212 (5th Cir. 1985). When a 12(b)(6) motion contains materials outside the pleadings and the court considers those materials, the motion must be converted into one for summary judgment under Rule 56. Fed. R. Civ. P. 12(d). When the motion is converted, “[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.” Id. As the Court is being asked to consider evidence outside of the pleadings, it will view the motion as one for summary judgment. Plaintiff is hereby notified that the Motion [11] will be considered as one for summary judgment and she will be given the opportunity to respond accordingly. If Plaintiff desires to submit other evidence in response to the Motion [11], she shall do so on or before April 24, 2020. SO ORDERED, this the 7th day of April, 2020.

s/ Michael T. Parker United States Magistrate Judge

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

MARTHA EVANS PLAINTIFF

VERSUS CIVIL ACTION NO. 3:19-cv-318-CWR-MTP

NANCY A. BERRYHILL, Commissioner of Social Security DEFENDANT

ORDER THIS MATTER is before the Court on Defendant’s Motion to Dismiss [11] Plaintiff’s Complaint [1] as untimely. The motion included a 33-page exhibit and urged the Court to consider these materials in deciding the motion. Although the motion was filed under Rule 12(b)(1), it is more appropriately considered under Rule 12(b)(6). See Brown v. Soc. Sec. Admin., 2019 WL 6799769, at *2-3 (E.D. La. Dec. 13, 2019); Triplett v. Heckler, 767 F.2d 210, 212 (5th Cir. 1985). When a 12(b)(6) motion contains materials outside the pleadings and the court considers those materials, the motion must be converted into one for summary judgment under Rule 56. Fed. R. Civ. P. 12(d). When the motion is converted, “[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.” Id. As the Court is being asked to consider evidence outside of the pleadings, it will view the motion as one for summary judgment. Plaintiff is hereby notified that the Motion [11] will be considered as one for summary judgment and she will be given the opportunity to respond accordingly. If Plaintiff desires to submit other evidence in response to the Motion [11], she shall do so on or before April 24, 2020. SO ORDERED, this the 7th day of April, 2020.

s/ Michael T. Parker United States Magistrate Judge

Cite This Page — Counsel Stack

Bluebook (online)

Evans v. Berryhill, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-berryhill-mssd-2020.

Opinion

Related

Cite This Page — Counsel Stack