Randolph Michael Rabbe; Lisa Ann Rabbe v. Wells Fargo Home Mortgage, Inc.; Wells Fargo, N.A.

16-2654Court of Appeals for the Eighth Circuit31 mag 2018

Testo completo

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[Unpublished]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.

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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.
______________________________
The Honorable John M. Gerrard, United States District Judge for the District1
of Nebraska.
-2-

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