Donovan Middleton v. Complete Nutrition Franchising, No. 19-2888 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Erickson, Wollman and Stras, Circuit Judges] Civil case. Dismissal affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2886 ___________________________ Donovan Middleton; Harvester Nutrition, LLC lllllllllllllllllllllPlaintiffs - Appellants v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2887 ___________________________ Herman Hourie; Nutrition Castle, LLC lllllllllllllllllllllPlaintiffs - Appellants v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2888 ___________________________ Edgar Rojas; Christina Soares lllllllllllllllllllllPlaintiffs - Appellants v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2889 ___________________________ Bright Future Holdings, LLC lllllllllllllllllllllPlaintiff - Appellant v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2890 ___________________________ Vivify, Inc. lllllllllllllllllllllPlaintiff - Appellant -2- v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC; CR Holdings, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2891 ___________________________ Warrior Fitness & Nutrition, LLC lllllllllllllllllllllPlaintiff - Appellant v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Holdings, LLC; Dominus Health Intermediate Holdco, LLC lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2893 ___________________________ Katherina Jerak lllllllllllllllllllllPlaintiff - Appellant v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC -3- lllllllllllllllllllllDefendants - Appellees ___________________________ No. 19-2894 ___________________________ M.G. Nutrition, LLC lllllllllllllllllllllPlaintiff - Appellant v. Complete Nutrition Franchising, LLC; Complete Nutrition Franchise Holdings, LLC; CR Holdings, LLC; Dominus Health Intermediate Holdco, LLC; Dominus Health Holdings, LLC lllllllllllllllllllllDefendants - Appellees ____________ Appeals from United States District Court for the District of Nebraska - Omaha ____________ Submitted: June 19, 2020 Filed: June 24, 2020 [Unpublished] ____________ Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. -4- In these consolidated appeals, 11 franchisees of the Complete Nutrition franchising system appeal the district court’s1 dismissal of their identical diversity actions raising claims under Nebraska state law. Following a careful review, we conclude that the district court did not err in dismissing the case, see Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review of dismissal for failure to state a claim); and did not abuse its discretion in denying post-judgment leave to amend, see United States v. Mask of Ka-Nefer-Nefer, 752 F.3d 737, 743 (8th Cir. 2014) (denial of leave to amend is reviewed for abuse of discretion; district court has considerable discretion to deny post-judgment motion for leave to amend because such motions are disfavored). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska. -5-
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