Sixth Circuit: Consideration of Legislative Record Does not Convert a 12(c) Motion into a Summary Judgment Motion.

Benjamin Spencer over on Federal Civil PracticeBulletin has noted the case of Sensations,Inc. v. City of Grand Rapids, 526 F.3d 291 (6^thCir. May 20, 2008). Inthis case the Sixth Circuit held that a Defendant’s 12(c) motion does notconvert into a Rule 56 motion for summary judgment when a defendant attachesthe legislative record to its pleadings. The court rationalized that because anordinance used in the pleadings incorporated the legislative history byreference, the legislative history too was part of the pleadings. Click here toread Sensations, Inc. v. City of GrandRapids and Click hereto read the post on Federal Civil Practice Bulletin.  –Counseller/jm