North Arlington National Bank v. Kearny Federal Savings & Loan Ass'n

How courts have described this case

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

• finding that “[w]hen a party is aware that material outside the pleadings is before the court, the party is on notice that a Rule 12(b)(6
• motion to dismiss with submissions outside the pleadings should be construed as summary judgment motion
• “[A] party must be afforded a ‘reasonable opportunity for discovery’ before a Rule 12(b)(6
• “Because Gay was not afforded an opportunity for reasonable discovery, the district court’s treatment of the motion to dismiss as a motion for summary judgment was an abuse of discretion.”
• “When a party is aware that material outside the pleadings is before the court, the party is on notice that a Rule 12(b)(6) motion may be treated as a motion for summary judgment.”
• “Moreover, the Court does not believe that any additional discovery would change the fact that at this point in them, the Erickson GST Trusts have filed final tax returns and have filed documentation that it [sic] no longer has any assets or creditors.”

Source: CourtListener parenthetical corpus (CC0).