Rule 12(c)
Rule 12(c) in federal civil litigation applies to motions for judgment on the pleadings:
| “ | "A Rule 12(c) motion for judgment on the pleadings 'is treated much like a Rule 12(b)(6) motion to dismiss.'" Santiago v. Bloise, 741 F. Supp. 2d 357, 360 (D. Mass. 2010) (quoting Perez-Acevedo, 520 F.3d at 29). Although a defendant may have "moved for judgment on the pleadings pursuant [*8] to Rule 12(c) . . ., it is well established that the Court may apply to said rule the applicable standard of review of a Rule 12(b)(6) motion to dismiss." Ramirez-Averasturi v. Rivera Gonzalez, No. 03-cv-02360, 2005 U.S. Dist. LEXIS 33001, 2005 WL 2178795, at *2 (D.P.R. Sept. 8, 2005); see Oses v. Vose, No. 90-cv-11642, 1994 U.S. Dist. LEXIS 13039, 1994 WL 500663, at *2 (D. Mass. Aug. 9, 1994) ("Although defendant's motion is couched as a motion for judgment on the pleadings under Fed. Rule Civ. P. 12(c), in essence the [m]otion challenges the legal foundation for the complaint. The motion is therefore subject to the same standard of review as a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6)."). "Like Rule 12(b)(6), Rule 12(c) does not allow for any resolution of contested facts; rather, a court may enter judgment on the pleadings only if the uncontested and properly considered facts conclusively establish the movant's entitlement to a favorable judgment." Aponte-Torres v. Univ. of P.R., 445 F.3d 50, 54 (1st Cir. 2006) (citing Rivera-Gomez v. De Castro, 843 F.2d 631, 635 (1st Cir. 1988)). "[T]he court may not grant a defendant's Rule 12(c) motion 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Rivera-Gomez, 843 F.2d at 635 (quoting George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp., 554 F.2d 551, 553 (2d Cir. 1977)). | ” |
Axford v. TGM Andover Park, LLC, Civil Action No. 19-cv-11540-ADB, 2021 U.S. Dist. LEXIS 32200, at *7-8 (D. Mass. Feb. 22, 2021).