Order

Pending before the court is the defendants’ Motion to Dismiss Plaintiff’s Amended Complaint or for Summary Judgment [Docket 17].   After a thorough review of the pending motion, responses, and supplemental memoranda, the court FINDS that it would be premature to treat the motion as one for summary judgment.  Accordingly, the court will treat the defendants’ motion as a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.  For the following reasons, the motion is GRANTED IN PART and DENIED IN PART.  In addition, the court ORDERS the parties to engage in limited discovery and then brief the court for summary judgment purposes.