Leonard Luna, on behalf of himself and all others similarly situated v. Walmart Transportation, LLC, an Arkansas Corporation

United States Court of Appeals
For the Eighth Circuit
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No. 18-3698
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Leonard Luna, on behalf of himself and all others similarly situated
lllllllllllllllllllllPlaintiff - Appellant
v.
Walmart Transportation, LLC, an Arkansas Corporation
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: August 9, 2019
Filed: August 14, 2019
[Unpublished]
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Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
In this action under the Fair Credit Reporting Act, Leonard Luna appeals
following the district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for1
The Honorable Timothy L. Brooks, United States District Judge for the1
Western District of Arkansas.

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failure to state a claim. We find no basis for reversal. Even considering the
allegations in a declaration Luna offered in response to the motion to dismiss, we
conclude that the complaint would fail. See Phipps v. FDIC, 417 F.3d 1006, 1010
(8th Cir. 2005) (Rule 12(b)(6) dismissal may be affirmed on any basis supported by
record); cf. Doe v. Dardenelle Sch. Dist., 928 F.3d 722, 727 (8th Cir. 2019)
(reviewing denial of leave to amend for abuse of discretion, and questions of futility
de novo). We also find that discovery was properly stayed after the court ruled from
the bench that the first amended complaint was dismissed for failure to state a claim,
and advised the parties a written order would be forthcoming. See First Commercial
Trust Co., N.A. v. Colt’s Mfg. Co., 77 F.3d 1081, 1083 n.4 (8th Cir. 1996) (litigants
have no right to discovery absent plausible legal theory). The judgment is affirmed.
See 8th Cir. R. 47B.
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