-3-987 F. 2d 278, 284 (5
Cir. 1993). However, dismissal under Rule 12(b)(6) is proper where thepleadings on their face reveal that the plaintiff can prove no set of facts that would entitle theplaintiff to the requested relief.
Garrett v. Commonwealth Mort. Corp. of America
, 938 F. 2d 591,594 (5
Cir. 1991). To the extent the Court relies upon the matters outside the pleadings referred toherein by Koerber, FSC and HE, including the affidavits of Judy Wooten Evans and Brian P. Cronin,the instant motion is converted to a summary judgment motion under F.R.C.P. 56. F.R.C.P. 12(b).In the event the summary judgment standard applies to all or some of the claims asserted inCoughlin’s Amended Complaint and/or the arguments made by Koerber, FSC and HE in relationthereto, there are no genuine issues as to any material fact and Koerber, FSC and HE are entitled to judgment as a matter of law. As will be demonstrated herein, the claims set forth in Coughlin’sAmended Complaint fail as a matter of law or, in the alternative, there are no legitimate disputedquestions of material fact as to Coughlin’s claims and Koerber, FSC and HE are entitled to a judgment in their favor as a matter of law.8.Brief Summary of Factual Allegations in Coughlin’s Amended Complaint –Coughlin alleges that he was an agent of FSC, that he completed a FSC training course and becamea “FRSE representative” and that, by virtue of becoming a FRSE representative, he was entitled toa twenty-five percent commission on any property he located for FSC and which FSC purchased.(Coughlin’s Amended Complaint at paras. 9, 15,and16). Coughlin further alleges that, in connectionwith his agency with FSC, Coughlin approached Mr. Jeff Brantley (“Brantley”) about purchasing hisClinton, MS home (“Brantley Property”). Coughlin’s Amended Complaint at para. 17. Coughlin alsoalleges that he “
negotiated a deal with Jeff Brantley for the sale of his home
” and that FSCsubsequently purchased the Brantley Property through HE, an entity Coughlin alleges is under the
Case 3:06-cv-00288-HTW-LRA Document 53 Filed 04/24/2007 Page 3 of 12