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07-1048 - P.D. et al v. MT. VERNON COMMUNITY SCHOOL CORPORATION et al


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07-1048 - P.D. et al v. MT. VERNON COMMUNITY SCHOOL CORPORATION et al
April 10, 2008
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ENTRY on Defendant's 11 Motion to Dismiss (Conclusion) - Taken in the light most favorable to the DesJeans, the pleadings in this matter do not state a claim on which relief could be granted. Defendants' motion to dismiss is granted. When a court grants a motion to dismiss under Rule 12(b)(6), it should ordinarily allow the plaintiff an opportunity to amend the complaint. See, e.g., Barry Aviation, Inc. v. Land O'Lakes Municipal Airport Comm'n, 377 F.3d 682, 690 (7th Cir. 2004) (reversing denial of leave to amend, and stating that leave to amend should be denied only where "it appears to a certainty that the plaintiff cannot state a claim upon which relief can be granted"), quoting Rohler v. TRW, Inc., 576 F.2d 1260, 1266 (7th Cir. 1978). This case is an exception, however, since the IHO order that is incorporated in the complaint shows conclusively that plaintiffs could not state a claim for relief in this case. Any amendment to the complaint would be futile. Accordingly, the court will enter final judgment dismissing the action with prejudice. Signed by Judge David Frank Hamilton on 4/10/2008. c/m (LSC)