Uddin v. Rock Arch & Eng Corp.

Background

Nabila Uddin brought claims against Rock Arch & Eng Corp., also known as Rock Architecture P.C.; Muhammed “Marco” Mahaysin; Rami Taha; and LCS Restoration Corp., also known as LCS Restoration Group, LLC. The defendants filed a motion to dismiss and submitted materials outside the amended complaint, including LCS payroll statements, supporting affidavits, and a Rock Arch tax return.

Conversion to Partial Summary Judgment

Under Federal Rule of Civil Procedure 12(d), when a court considers materials outside the pleadings on a motion to dismiss, it may either disregard those materials or convert the motion into one for summary judgment. Conversion requires notice and a reasonable opportunity for the parties to present relevant evidence, as well as issues that are discrete and potentially dispositive.

The court found both requirements satisfied. Uddin had proposed converting the motion, so she could not claim surprise. The court also found that the submitted materials directly concerned whether Rock Arch and LCS could be treated as a single employer or joint employers. That issue could affect whether their employees could be combined to meet Title VII’s 15-employee requirement.

Discovery and Disposition

The court converted the defendants’ motion to dismiss into a motion for partial summary judgment. It ordered the parties to meet and submit a joint letter proposing limited discovery concerning the number of employees at Rock Arch and LCS during the relevant period and whether the entities were sufficiently integrated to qualify as a single or joint employer under Title VII. The letter also had to propose a schedule for supplemental briefing.

The court stayed the case pending further order. The opinion did not resolve whether the 15-employee requirement was met, whether the Title VII claims would be dismissed, or whether the court would retain supplemental jurisdiction over the state-law claims.