United States Second Circuit

A district court may entertain a motion to dismiss for failure to state a claim brought under Rule 12(b)(6), when it is filed after the close of pleadings, by treating it as an untimely motion for judgment on the pleadings under Rule 12(c).

Appellate Information

• Argued 06/06/2001
• Decided 08/03/2001
• Published 08/03/2001

Judges

• McLAUGHLIN, Circuit Judge:, Before McLAUGHLIN, POOLER, Circuit Judges and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sanatkumar V. Pandit,W. Hartford, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen McEleny, McEleny & McGrail, Hartford, CT, (Albert J. McGrail, on the brief) for Defendant-Appellee Alan Neadle., William J. Doyle, Wiggin & Dana, New Haven, CT, for Defendants Contemporary Classics of Beverly Hills and Herbert Schachter.