William E. Whitlow v. Aetna Life and Casualty Corporation, and Does 1 Through 20, Inclusive

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William E. WHITLOW, Plaintiff/Appellant, v. AETNA LIFE AND CASUALTY CORPORATION, and Does 1 through 20, inclusive, Defendant/Appellee. No. 93-17021. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1995. Decided March 24, 1995. Before: CHOY, CANBY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The district court did not err in treating Aetna's motion as a motion for summary judgment. The motion was captioned as one to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. Both parties submitted evidence outside the pleadings with their moving papers. Whitlow had notice and a reasonable opportunity to present material relevant to a Rule 56 motion. See Grove v. Mead School Dist. No. 354, 753 F.2d 1528 , 1533 (9th Cir.), cert. denied, 474 U.S. 826 (1985); Mack v. South Bay Beer Distribs., Inc., 798 F.2d 1279, 1282 (9th…