Blank v. Knox College

Blank v. Knox College

Plaintiff:	Jack Blank
Defendant:	Knox College
Case Number:	1:2014cv01386
Filed:	September 23, 2014
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	Knox
Presiding Judge:	Jonathan E. Hawley
Presiding Judge:	Joe Billy McDade
Nature of Suit:	Civil Rights: Education
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 26, 2015	Filing 12 ORDER & OPINION entered by Judge Joe Billy McDade on 1/23/15. Defendant's Motion to Dismiss 8 is GRANTED as to Count II of the Amended Complaint ONLY. The Court expresses no judgment as to the propriety of Count I, an Illinois state law claim. When a court dismisses a claim pursuant to a Rule 12(b)(6) motion, the dismissal must be with prejudice because the claim is not one upon which relief can be granted. Kamelgard v. Macura, 585 F.3d 334, 339 (7th Cir. 2009). Amendment of the claim wi ll only be allowed upon motion and upon a showing that such amendment would not be futile. See Stanard v. Nygren, 658 F.3d 792, 797 (7th Cir. 2011). Therefore, the Court grants twenty-one days of the date of entry of this Order and Opinion to file a motion to amend along with a proposed Second Amended Complaint attached. Should the Plaintiff fail to file a motion to amend within the time allotted, the Court will decline to exercise its supplemental jurisdiction under 28 U.S.C. § 1367(c) over the remaining state law claim and remand the action to the Illinois Circuit Court of Knox County, Ninth Judicial Circuit.(FDT, ilcd)

Date Filed

Document Text

January 26, 2015

Filing 12 ORDER & OPINION entered by Judge Joe Billy McDade on 1/23/15. Defendant's Motion to Dismiss 8 is GRANTED as to Count II of the Amended Complaint ONLY. The Court expresses no judgment as to the propriety of Count I, an Illinois state law claim. When a court dismisses a claim pursuant to a Rule 12(b)(6) motion, the dismissal must be with prejudice because the claim is not one upon which relief can be granted. Kamelgard v. Macura, 585 F.3d 334, 339 (7th Cir. 2009). Amendment of the claim wi ll only be allowed upon motion and upon a showing that such amendment would not be futile. See Stanard v. Nygren, 658 F.3d 792, 797 (7th Cir. 2011). Therefore, the Court grants twenty-one days of the date of entry of this Order and Opinion to file a motion to amend along with a proposed Second Amended Complaint attached. Should the Plaintiff fail to file a motion to amend within the time allotted, the Court will decline to exercise its supplemental jurisdiction under 28 U.S.C. § 1367(c) over the remaining state law claim and remand the action to the Illinois Circuit Court of Knox County, Ninth Judicial Circuit.(FDT, ilcd)

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Plaintiff: Jack Blank
Represented By:	Timothy P Cushing
Represented By:	Jim Rochford
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Defendant: Knox College
Represented By:	Julie Elise Heuberger Yura
Represented By:	Scott L Warner
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