Randolph Rabbe v. Wells Fargo Home Mortgage, Inc

U.S. Court of Appeals for the Eighth Circuit

Randolph Rabbe v. Wells Fargo Home Mortgage, Inc

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2906 ___________________________

Randolph Michael Rabbe; Lisa Ann Rabbe

lllllllllllllllllllllPlaintiffs - Appellants

v.

Wells Fargo Home Mortgage, Inc.; Wells Fargo, N.A.

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: April 27, 2018 Filed: May 2, 2018 [Unpublished] ____________

Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________

PER CURIAM. In this removed action, Randolph and Lisa Rabbe appeal after the district court1 denied them leave to amend their complaint, and adversely granted judgment on the pleadings. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes that the denial of leave to amend was proper, and that the grant of judgment on the pleadings was correct for the reasons stated by the district court. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir. 2008) (court may deny motion to amend when amendment would be futile), Poehl v. Countrywide Home Loans, Inc., 528 F.3d 1093, 1096 (8th Cir. 2008) (grant of judgment on the pleadings reviewed de novo); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (pleading must contain sufficient facts to state claim that is plausible on its face).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.

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Reference

Status
Unpublished