Great American Insurance Company v. Gemstone Property Management, LLC
- Lewis Liman
- 1:23-cv-09100
- U.S. District Court · Southern District of New York
- 2
In Great American Insurance v. Gemstone Property Management, Judge Liman notified the parties that a dismissal motion might be converted into a summary-judgment motion.
The order affects the Third-Party Plaintiffs and the “Distinguished Parties,” who must address whether materials outside the pleadings should be considered and whether the motion may proceed as a summary-judgment motion.
What happened
Great American Insurance Company sued Gemstone Property Management, LLC and other defendants. The order concerns a motion by the “Distinguished Parties” to dismiss a third-party complaint for failing to state a legally sufficient claim.
The court said most materials supporting the motion could be considered because they were attached to, referred to in, or incorporated into the third-party complaint. Other materials might require treating the motion as one for summary judgment, which would allow consideration of evidence beyond the pleadings.
Judge Lewis J. Liman notified the parties that he might convert the motion. Third-party plaintiffs may submit additional relevant materials by May 19, 2025, and the Distinguished Parties may respond by June 2, 2025; the motion itself was not resolved in this order.
The detailed version
- Great American Insurance Company v. Gemstone Property Management, LLC · No. 1:23-cv-09100
- Lewis Liman
- Apr. 18, 2025
Background
The court had before it a motion by the “Distinguished Parties” to dismiss the Third-Party Complaint under Federal Rule of Civil Procedure 12(b)(6). That rule allows a defendant to seek dismissal when the complaint does not state a legally sufficient claim for relief.
Materials Considered on the Motion
The court explained that a Rule 12(b)(6) motion generally focuses on the pleadings and on documents that are incorporated into the complaint, are referred to in it, or are so closely connected to it that the complaint depends on them. The Distinguished Parties relied mainly on materials that fell into those categories, including documents attached to the Third-Party Complaint.
The Distinguished Parties also submitted or referenced documents that might not be properly considered as part of the pleadings. Under Rule 12(d), the court may consider such materials and convert the motion into one for summary judgment. Summary judgment is a procedure for deciding a claim based on evidence when the relevant facts are not genuinely disputed. Before converting the motion, the court must notify the parties and give them a reasonable opportunity to submit material relevant to the motion.
Order
The court provided the required notice that it might treat the dismissal motion as a summary-judgment motion. Third-Party Plaintiffs may submit additional material relevant to the motion by May 19, 2025. The Distinguished Parties may respond by June 2, 2025. If the Distinguished Parties do not want the court to consider the additional materials or convert the motion, they must file a letter stating that position by April 25, 2025.
The order did not grant or deny the motion to dismiss and did not decide whether the Third-Party Complaint stated a valid claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.