Free Order - District Court of Delaware - Delaware

Case 1:06-cv-00053-JJF Document 79 Filed 11/22/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JANIES A. WILSON, GILBERT WILLIAMS, )
JR., JEROME GREEN, JOSE SERPA, )
WILLIAM COLEMAN, MARVIN SMITH, )
DeSHAWN TATMAN, JEREL CUSTIN, )
and FRED NEWSOME, )
I
Plaintiffs, )
I Civil Action No. 06-53-KAJ
v. )
I
HELEN LOHMAN, SCOTT MORGAN, )
TOM CARVAN, JAY PLUMMER, and JOE )
FIELDS, )
I
Defendants. )
ORDER
On September 14, 2006, defendants filed a motion to dismiss p|aintiffs’
retaliation claim for failure to state a claim. (D.I. 76; the "Motion".) Plaintiffs filed a
response to the Motion on September 29, 2006 (D.I. 77.) Both parties have submitted
evidence beyond the pleadings in support of their positions on the Motion. Pursuant to
Rule 12 of the Federal Rules of Civil Procedure, the I\/lotion is therefore to be treated as
one for summaryjudgment and disposed of as provided in Rule 56.
IT IS HEREBY ORDERED that if either party has a position with respect to the
Motion being treated as one for summaryjudgment, or wishes to submit additional
evidence to supplement its filings, it should so advise the court on or before December
8, 2006. _#_ it Fw
umtizo stA oust ict Juoce
November& 2006
Wilmington, Delaware `