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16-009 - UNITED STATES OF AMERICA et al v. BETHANY CIRCLE OF KING'S DAUGHTERS OF MADISON, INDIANA, INC.


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16-009 - UNITED STATES OF AMERICA et al v. BETHANY CIRCLE OF KING'S DAUGHTERS OF MADISON, INDIANA, INC.
March 30, 2018
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ORDER ON DEFENDANT'S MOTION TO DISMISS (DKTS. 66, 68) - For the reasons above, Bethany Circle's motion to dismiss is GRANTED with respect to Counts I and II of Kietzman's second amended complaint. Those claims are DISMISSED WITHOUT PREJUDICE, but without permission to amend her complaint a third time as of right. See Dkt. 64, at 3 ("[A] district court ordinarily should allow a plaintiff one opportunity to amend her complaint after a dismissal under Rule 12(b)(6). By permitting Ms. Kietzman pre-emptively to amend her complaint, the court is in essence allowing her that opportunity now instead of later." (citation omitted)). Kietzman may seek such leave in the ordinary course, which will be granted only on a clear showing that the above-recited deficiencies with respect to the fraud claims have been cured. Bethany Circle's motion to dismiss is DENIED with respect to Counts III and IV of Kietzman's second amended complaint. See Order for details. Signed by Judge Sarah Evans Barker on 3/30/2018. (MAT)