Bradley R. Hartke v. WIPT, Inc. Defendant Roger Dean Waldner

United States Court of Appeals
For the Eighth Circuit
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No. 17-3685
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Bradley R. Hartke; Douglas P. Hartke; Joan L. Hartke, individually and as
Trustees of the Joan L. Hartke QTIP Marital Trust dated 7/12/1996 and as
Trustees of the Robert Eugene Hartke Family Trust dated 7/12/1996; The Joan L.
Hartke QTIP Marital Trust dated 7/12/1996; The Robert Eugene Hartke Family
Trust dated 7/12/1996
lllllllllllllllllllllPlaintiffs - Appellees
v.
WIPT, Inc.
lllllllllllllllllllllDefendant
Roger Dean Waldner
lllllllllllllllllllllDefendant - Appellant
The One Stop, Inc.; RDW-KILT, Inc.; Community Bank
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: October 17, 2018
Filed: January 17, 2019
[Unpublished]
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Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Bradley R. Hartke, Douglas P. Hartke, and Joan L. Hartke, individually and as
trustees of Hartke-related trusts (collectively, Hartkes) filed an action in the United
States District Court seeking a declaration that promissory notes they executed to
entities owned by Roger Dean Waldner were unenforceable. Waldner
counterclaimed, seeking recovery on the notes. All parties moved for judgment on
the pleadings. The district court denied Waldner’s motion for judgment on the1
pleadings and granted the Hartkes’ motion for judgment on the pleadings. Waldner
appeals. We have jurisdiction, 28 U.S.C. § 1291, and review de novo the district2
court’s entry of judgment on the pleadings, Schnuck Markets, Inc. v. First Data
Merchant Services Corp., 852 F.3d 732, 737 (8th Cir. 2017), and its interpretation and
application of state law, Nolles v. State Committee for Reorganization of School
Districts, 524 F.3d 892, 901 (8th Cir. 2008). Having carefully reviewed the parties’
briefs, the record, and the applicable legal principles, we find no reversible error in
the district court’s disposition of this matter. Accordingly, we affirm the judgment
of the district court. See 8th Cir. R. 47B.
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The Honorable Paul A. Magnuson, United States District Judge for the District1
of Minnesota.
A separate appeal was filed by Waldner-owned entities in No. 17-3702.2
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