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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 12132

Citation
§ 12132
Parent Document
Arthur v. District of Columbia Housing Authority (2020)
Effective Date
2020-04-11

Other Sections in This Document (586)

Full Text

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  When a limitations defense is raised at the motion-to-dismiss stage, “[a] dismissal with
prejudice is warranted only when a trial court determines that the allegation of other facts
consistent with the challenged pleading could not possibly cure the deficiency.” Firestone v.
Firestone, 76 F.3d 1205, 1209 (D.C. Cir. 1996) (internal quotation omitted). Because the
plaintiffs could theoretically cure the deficiency if they alleged, for example, that Ms. Arthur
made additional requests to accommodate within a year of filing, the Court will dismiss these
claims without prejudice.