MEMORANDUM ORDER
GASCH, District Judge.
This case came on for consideration on defendants' motion to dismiss, accompanying points and authorities, and supporting affidavits, and the plaintiff's opposition thereto. Since the defendants' motion is supported by matter outside the pleadings which has not been excluded by the Court, it will be treated, in accordance with Rule 12(b) (6) of the Federal Rules of Civil Procedure, as a motion for summary judgment...
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