Eckert
Pension Benefit Guaranty Corp. v. Eckert
Opinion
Lead Opinion
Stotler, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
I.
INTRODUCTION
On August 14, 1992, defendants filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief can be Granted. On September 24, 1992, plaintiff filed opposition. Defendants filed a reply on November 16, 1992.
After hearing oral argument on November 23, 1992 the Court ruled as follows: defendants request for judicial notice was granted; defendants motion to dismiss for *657 lack of subject matter jurisdiction was denied; defendants’ motion to dismiss for failure to state a claim was treated as one for summary judgment pursuant to Fed. R.Civ.P. 12(b); insofar as the motion challenged plaintiffs claim for injunctive relief, it was denied. In order to resolve the remainder of the defendants’ motion, which challenges plaintiff's claim for restitution, the Court called for a supplemental briefing on the following issues:
Plaintiff filed its supplemental memorandum on December 21, 1992; defendants filed theirs on January 11, 1993. The matter was set for further hearing on the Court’s January 25, 1993 calendar.…