Lillian B. v. Gwinnett County School District

Federal Rule of Civil Procedure 12(c) provides that: “After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.” The question presented in this appeal is whether a district court may grant a Rule 12(c) motion made before the pleadings are closed. The first five words of Rule 12(c) make clear that the answer is no.

The facts of this case, as drawn from the complaint, are straightforward. Richard Brown’s six-year-old daughter, Lillian, attends school in the Gwinnett County School District. Lillian suffers from extreme food allergies.…