Hunton v. Guardian Life Insurance Co. of America

MEMORANDUM AND ORDER

ATLAS, District Judge.

Pending before the Court is Defendant the Guardian Life Insurance Company of America’s Motion to Dismiss Plaintiffs’ Second Amended Complaint [Doc. # 14] (“Defendant’s Motion”). Plaintiffs responded and Defendant replied. 1 Plaintiffs relied in their Response on substantial material outside of the pleadings. Accordingly, the Court exercised its discretion under Rule 12 to convert Defendants’ Motion to a Motion for Summary Judgment. Order, signed September 19, 2001 [Doc. # 21], Thereafter, both parties submitted supplemental materials. 2 The Court…