Nhut Le v. Wells Fargo Bank, N.A., No. 14-2152 (8th Cir. 2015)
Annotate this CaseCourt Description: Civil case. Foreclosures. Dismissal for failure to state a claim affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2152 ___________________________ Nhut Le; Chai M. Le lllllllllllllllllllll Plaintiffs - Appellants United States of America lllllllllllllllllllll Plaintiff v. Wells Fargo Bank, N.A.; Schiller & Adam, P.A.; James J. Pauly; Divine N. Difongwa lllllllllllllllllllll Defendants - Appellees Sidney Jintara Yang; Wells Fargo & Company lllllllllllllllllllll Defendants Rebecca Schiller; Sarah J.B. Adam; Jeffrey D. Klobucar lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: March 6, 2015 Filed: March 13, 2015 [Unpublished] ____________ Before MURPHY, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Nhut Le and Chai M. Le appeal from the order of the District Court1 dismissing their complaint. Following careful de novo review, we agree with the District Court that the Les’ complaint—which was devoid of factual allegations and contained only conclusory legal theories about improprieties surrounding the foreclosure sale of their home and the underlying loan-related documents—failed to state a claim upon which relief could be granted. See Fed. R. Civ. P. 12(b)(6); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” (citation to quoted case omitted)); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 848 (8th Cir. 2014) (standard of review). We have considered the Les’ other arguments for reversal and find them to be without merit. We therefore affirm the judgment of the District Court. ______________________________ 1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota. -2-
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