Nur v. Blake Development Corp.

MEMORANDUM and ORDER

MILLER, District Judge.

This cause comes before the court on the defendants’ motion to dismiss the complaint as against plaintiffs Mike Keen and Gini Burns. Alternatively, the defendants seek summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The matter has been fully briefed and is ripe for decision.

I

The parties have presented, and the court will consider, matters outside the pleadings. Accordingly, the court shall treat the defendants’ motion as one for summary judgment. Fed.R.Civ.P. 12(b).

(A)

In a summary judgment motion, the mov-ant must first…