Bell Atlantic Business Systems Services v. Hitachi Data Systems Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Defendants Hitachi America Ltd. (“Hitachi America”) and Hitachi, Ltd. (“Hitachi”) move to dismiss Plaintiffs, Bell Atlantic Business Systems Services (“Bell Atlantic”), First Amended Complaint (“Complaint”) pursuant to Federal Rule, of Civil Procedure 12(b)(6). Defendant Hitachi Data Systems (“Hitachi Data”) moves for judgment on the pleadings pursuant to Federal Rule Civil Procedure 12(c) on Count I of the Complaint, which alleges conspiracy under § 1 of the Sherman Antitrust Act. 15 U.S.C. § 1 .

Courts generally may not consider matters outside the pleadings to decide a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). If parties present matters outside the pleadings, and the court is willing to consider those matters, the court should convert the motion to a motion for summary judgment. Bonilla v. Oakland Scavenger Co., 697 F.2d 1297 (9th Cir.1982). Similarly, the above standard applies to motions for judgment on the pleadings. Slevin v. Pedersen Assoc., Inc., 540 F.Supp. 437 (S.D.N.Y.1982). The parties before the Court have gone beyond the “four corners” of the pleadings…