United States District Court, S.D. Alabama, Southern Division
K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE
matter is before the Court on pro se Plaintiff
Ronald Jackson's Rule 12(c) motion for judgment on the
pleadings. (Doc. 42). As relevant here, Jackson's motion
includes several additional exhibits he did not attach to his
amended complaint. For instance, Exhibit 9 appears to be a
letter from Jackson explaining alleged safety concerns and
Exhibit 8 is Defendant Double Back General Manager Becky
Pilkington's notice that Jackson's services were no
longer needed.Neither document appears to have been
included in his amended complaint.
Rule of Civil Procedure 12(c) provides that “After the
pleadings are closed--but early enough not to delay trial--a
party may move for judgment on the pleadings.”
Fed.R.Civ.P. 12(c). “Judgment on the pleadings is
appropriate where there are no material facts in dispute and
the moving party is entitled to judgment as a matter of
law.” Perez v. Wells Fargo N.A., 774 F.3d
1329, 1335 (11th Cir. 2014). However, “The district
court generally must convert a motion to dismiss into a
motion for summary judgment if it considers materials outside
the complaint.” Day v. Taylor, 400 F.3d 1272,
1275-76 (11th Cir. 2005). See also Barnett v. Baldwin
Cty. Bd. of Educ., 60 F.Supp.3d 1216, 1224 (S.D. Ala.
2014) (citing Fed.R.Civ.P. 12(d)) (“[A] [c]ourt may not
consider matters outside the pleadings without converting the
[Rule 12(c)] motion into a motion for summary
judgment.”). District courts enjoy wide discretion in
deciding “whether to accept extra-pleading matter on a
motion for judgment on the pleadings and treat it as one for
summary judgment or to reject it and maintain the character
of the motion as one under Rule 12(c).” 5C Charles Alan
Wright & Arthur R. Miller, Fed. Prac. &
Proc. § 1371 (3d ed.).
respect to the current motion, matters outside the pleadings
have been presented. Additionally, the “Court finds
that the instant motion . . . is replete with factual issues
. . .” Orange Beach Dev. Grp., L.P. v. Powers,
2007 WL 1889814, at *4 (S.D. Ala. June 28, 2007). Finally,
the time period for conducting discovery and the filing of
other dispositive motions has expired. (See Rule
16(b) Scheduling Order (Doc. 27 at 5)). As such, the Court
will CONVERT Jackson's motion pursuant
to Rule 12(c) into a motion for summary judgment pursuant to
to Federal Rule of Civil Procedure 12(d), if a court converts
a motion for judgment on the pleadings to a motion for
summary judgment the “parties must be given a
reasonable opportunity to present all the material that is
pertinent to the motion.” Fed.R.Civ.P. 12(d). This
Order provides the parties with the requisite notice.
Moreover, the Court will permit Jackson 10 days to supplement
the record and his newly converted motion if he sees fit.
See Williams v. Jefferson Cty., Ala., 482 Fed.Appx.
480, 482 (11th Cir. 2012) (“In general, a district
court may not consider materials outside of the complaint
without converting a motion to dismiss into one for summary
judgment and giving the parties ten days' notice pursuant
to Federal Rule of Civil Procedure 56(c).”); SHM
Int'l Corp. v. Chant Kitchen Equip. (H.K.) Ltd.,
2017 WL 7660398, at *2 (N.D.Ga. Apr. 21, 2017) (“The
proper course of action is to allow the litigation to proceed
to summary judgment, notify the parties of this conversion,
and give them ten (10) days to supplement the
record.”). Upon expiration of the ten days (March 29,
2019), the summary judgment briefing schedule shall begin.
it is ORDERED that:
1. Jackson's Motion for Judgment on the Pleadings is
CONVERTED to a Rule 56 motion for summary
2. Jackson is afforded an additional 10 days (that is, on or
before March 29, 2019) within which to supplement the record
for his motion for summary judgment.
Clerk is directed to expedite delivery of this Order to
 The Court observes that many of the
documents attached to the motion were also attached to the
amended complaint. “[T]he district court may always
consider exhibits attached to the complaint on a 12(b)(6)
motion, because exhibits are part of the pleadings.”
Basson v. Mortg. Elec. Registration Sys., Inc., 741
Fed.Appx. 770, 771 (11th Cir. 2018) (citing Fed.R.Civ.P.
10(c); Thaeter v. Palm Beach Cty. Sheriff's
Office, 449 F.3d 1342, 1352 (11th Cir. 2006)).
 Federal Rule of Civil Procedure 12(d)
If, on a motion under Rule 12(b)(6) or 12(c), matters
outside the pleadings are presented to and not excluded by
the court, the motion must be treated as one for summary
judgment under Rule 56. All parties must be given a
reasonable opportunity to ...