Margot Stevens Morrow Douglas Morrow v. City of Glendale

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Margot Stevens MORROW; Douglas Morrow, Plaintiffs-Appellants, v. CITY OF GLENDALE, Defendant-Appellee. No. 92-56286. United States Court of Appeals, Ninth Circuit. Submitted Feb. 4, 1994. * Decided March 17, 1994. 1 Before: BROWNING and KLEINFELD, Circuit Judges, and FONG, ** District Judge. 2 MEMORANDUM *** I. A. 3 The district court did not convert the City of Glendale's motion to dismiss into a motion for summary judgment sua sponte. In its Notice of Motion, the City indicated it was moving to "Dismiss Plaintiffs' Complaint or in the Alternative for Summary Judgment ... F.R.C.P. 12(b)(1), 12(b)(6), and Rule 56." When the moving party gives formal notice, as here, the nonmoving party is fairly apprised that the district court may look beyond the pleadings. 1 Cf. Garaux v. Pulley, 739 F.2d 437, 438-39 (9th Cir.1984) (requiring movant to give pro se litigant formal notice). 4 In addition to formal notice, the…