Kazue Swedberg v. Emil Marotzke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining that a motion to dismiss is not a motion for summary judgment for purposes of Rule 41
• noting that a Rule 12 motion does not constitute an answer or a motion for summary 24 judgment
• stating that a district court 18 must take some affirmative action to convert a 12(b)(6) motion to dismiss supported by 19 extraneous materials into a summary judgment motion
• “Rule 41(a)(1) specifically allows a plaintiff to dismiss a complaint 11 without prejudice in the face of a 12(b)(6) motion[.]”
• “A Rule 12(b)(6) motion to dis- miss supported by extraneous materials cannot be re- garded as one for summary judgment until the district court acts to convert the motion by indicating . . . that it will not exclude those materials from its consideration.” (emphases added)

Source: CourtListener parenthetical corpus (CC0).