Randolph Rabbe v. Wells Fargo Home Mortgage, Inc, No. 17-2906 (8th Cir. 2018)

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Court Description: Per Curiam - Before Gruender, Benton and Stras, Circuit Judges] Civil case. No error in denying plaintiffs' leave to amend their complaint; order granting summary judgment on the pleadings affirmed without comment. [ May 01, 2018

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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States District Court for the District of Nebraska - Omaha ____________ Submitted: April 27, 2018 Filed: May 2, 2018 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges.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. ยง 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. -2-

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