Bromfield-Thompson v. American University of Antigua/Manipal Education Americas

Background

The judgment states that the defendants’ motions were granted and that Bromfield-Thompson’s complaint was dismissed in its entirety. The judgment refers to the court’s Opinion and Order dated October 13, 2020, but that separate opinion is not included in the provided text.

Rulings on the Claims

The court dismissed Bromfield-Thompson’s claims against AUA without prejudice under Rule 12(b)(5) for insufficient service of process.

The court dismissed her claims against NBME without prejudice to refiling in a district where the court has personal jurisdiction over NBME. The judgment identifies Rule 12(b)(2), which concerns personal jurisdiction, as the basis for that dismissal.

The court dismissed her claims against MEA under Rule 12(b)(6) for failure to state a claim. The judgment does not attach a prejudice qualifier to this dismissal.

The court stated that it did not need to consider the defendants’ other arguments for dismissal.

Leave to Amend and Case Status

The court declined to give Bromfield-Thompson permission to amend the complaint on its own initiative. It noted that she had already amended the complaint, did not request another amendment, and did not identify additional facts that could cure the defects. The court also noted that the defendants had raised the same arguments against the original complaint and that Bromfield-Thompson had been warned she would not receive another opportunity to amend to address those issues. The judgment states that the case was closed.

Disposition

This is a procedural order because the claims were dismissed under Rule 12 for insufficient service, lack of personal jurisdiction, and failure to state a claim. The judgment does not decide the underlying merits of those claims.