...judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the...material made pertinent to such a motion by Rule 56. (d) PRELIMINARY HEARINGS. The defenses specifically enumerated (1)-(7) in subdivision (b) of this rule,...

...Procedure, which states that "[i]f, on a motion * * * to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...motion shall be treated as one for summary judgment [as provided in Rule 56 of the Federal Rules] * * *." In the case of BWX, its motion to dismiss was...

...for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by ihe court, the motion shall be treated as one for summary...opportunity to present all material made pertinent to such motion by Rule 56. HRCP 12(c) (1990). HRCP 56 provides in relevant part: (b) For Defending Parly. A...

...If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...judgment and disposed of as provided in Rule 56, and all parries shall be given reasonable opportunity to present all material made pertinent to such a motion...

...factual allegations. Id. If, on a motion to dismiss pursuant to 12(bXo), matters outside the pleadings are presented to and not excluded by the court, the...treated as one for summary judgment and disposed of at provided in Rule 56. Fed.R.Ov.P. 12(b). Summary judgment is appropriate when "the pleadings, depositions,...

...allegations. Id. If, on a motion to dismiss pursuant to 12(b)(6), matters outside the pleadings an presented to and not excluded by the court, the motion...treated as one for summary judgment and disposed of is provided in Rule 56. Fed.R.Civ.P. 12(b). Summary judgment is appropriate when "the pleadings, depositions,...

...judgment on the pleadings. If, on a motionfor judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the...material made pertinent to such a motion by Rule 56. (...) (g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join...

...If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside...all material made pertinent to such a motion by Rule 5&HRCP 12(b) (1990). In his memorandum, Lewln urged that the plaintiffs' complaint failed to state...

...failure to state a claim upon which relief can be granted: Matters outside the pleading are presented and not excluded by the court, the motion shall be...opportunity to present all material made pertinent to such motion by Rule 56. See, eg Madden Management. Inc. v. First Equities Corp., 666 F. Supp. 96, 97 (ND...

...judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the...material made pertinent to such a motion by Rule 56. (d) PRELIMINARY HEARINGS. The defenses specifically enumerated (l)-(7) in subdivision (b) of this rule,...