MEMORANDUM AND ORDER
RICHARD D. ROGERS, District Judge.
This case is before the court upon defendant's motion to dismiss plaintiff's amended complaint under FED.R.CIV.P. 12(b)(6) and/or for judgment on the pleadings under FED.R.CIV.P. 12(c). Doc. No. 17. Because the motion contains a "statement of facts" and makes citation to materials outside the amended complaint, the motion is arguably in the nature of a summary judgment motion...
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