Stallworth v. Skerrett et al
| Nicole Stallworth |
| James Skerrett, David Shulkin, James Tavares, Eric Shehan, VA Detective Joy, Officer John Doe and Defendant Jane Doe |
| 1:2017cv10405 |
| March 11, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Plymouth |
| Judith G. Dein |
| Other Civil Rights |
| 28 U.S.C. ยง 451 |
| Plaintiff |
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Filing
46
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS the Defendants' motion, D. 27, with respect to Count 3 and Count 2 as against Defendant Sheehan, and DENIES the Defendants' motion in all other respects. At th e motion hearing, D. 45, the Defendants urged the Court to convert the motion to dismiss into a motion for a summary judgment with respect to the equitable tolling issue, which the Court is permitted to do under Rule 12(d) provided it gives all parti es "a reasonable opportunity to present all the material that is pertinent to the motion." Fed. R. Civ. P. 12(d). The Court concludes, however, that discovery, at least as to the issue of equitable tolling, is warranted before entertaining such a summary judgment motion. Thus, the Court declines to convert this motion to dismiss into a motion for summary judgment.(Hourihan, Lisa)
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