Dunn
v.
Lehigh Valley Center for Sight

United States District Court, E.D. PennsylvaniaSep 30, 2003
Civil Action No. 03-CV-190 (E.D. Pa. Sep. 30, 2003)

Civil Action No. 03-CV-190

September 30, 2003


ORDER


NOW, this 30th day of September 2003, upon consideration of the Motion of Defendant Lehigh Valley Center for Sight, P.C. to Dismiss Counts One — Three of Plaintiffs' Complaint, which motion was filed March 19, 2003; upon consideration of the Memorandum of Law in Support of the Motion of Defendant, Lehigh Valley Center for Sight, P.C. to Dismiss Counts One — Three of Plaintiff's Complaint filed March 19, 2003; upon consideration of the Response to Rule 12(b)(6) Motion filed by plaintiff on April 2, 2003; upon consideration of the Response to Rule 11 Motion filed by plaintiff on April 2, 2003; upon consideration of Plaintiff's Memo of Law Regarding Motions Filed by Defendant under Rule 12(b)(6) and Rule 11 filed April 2, 2003; upon consideration of Defendant's Motion for Sanctions Pursuant to Fed.R.Civ.P. 11 filed on April 23, 2003; it appearing that the parties filed exhibits and affidavits to their motions for the court's consideration; it further appearing that Rule 12(b) of the Federal Rules of Civil Procedure provides that if "matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56", Fed.R.Civ.P. 12(b); and for the reasons expressed in the accompanying Opinion.

IT IS ORDERED that pursuant to Fed.R.Civ.P. 12(b), the Motion of Defendant Lehigh Valley Center for Sight P.C. to Dismiss Counts One — Three of Plaintiff's Complaint shall be treated as a motion for summary judgment.

IT IS FURTHER ORDERED that the defendant's motion for summary judgment is granted.

IT IS FURTHER ORDERED that plaintiff's Complaint is dismissed.

IT IS FURTHER ORDERED that Defendant's Motion for Sanctions Pursuant to Fed.R.Civ.P. 11 is denied.