Layne Lindberg v. James Dimon ( 2020 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1883
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Layne A. Lindberg; Barbara J. Lindberg
lllllllllllllllllllllPlaintiffs - Appellants
v.
Mr. James Dimon, Chairman and Executive Officer JP Morgan Chase Bank,
National Association; Attorney David C. Piper; Andrew Cecere, President and
Director US Bank National Association; Jay Bray, Chief Executive Officer &
Chairman Nationstar Mortgage LLC, doing business as Mr. Cooper; JP Morgan
Chase Bank; US Bank National Association; Nationstar Mortgage, LLC, doing
business as Mr. Cooper
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of South Dakota - Rapid City
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Submitted: February 3, 2020
Filed: February 6, 2020
[Unpublished]
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Before LOKEN, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
In this diversity case, Layne and Barbara Lindberg appeal the district court’s1
dismissal of their amended complaint. Having carefully reviewed the record and the
arguments on appeal, we conclude dismissal was proper for the reasons stated by the
district court. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016)
(reviewing de novo grant of Fed. R. Civ. P. 12(b)(6) motion); Reuter v. Jax Ltd., Inc.,
711 F.3d 918, 921 (8th Cir. 2013) (reviewing denial of leave to amend for abuse of
discretion and question of futility de novo); Stanton v. St. Jude Med., Inc., 340 F.3d
690, 693 (8th Cir. 2003) (reviewing de novo grant of Fed. R. Civ. P. 12(b)(2)
motion).
The Lindbergs’ motion for judicial notice is denied; James Dimon and JP
Morgan Chase Bank’s motion to dismiss appeal is denied as moot; and the judgment
of the district court is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Jeffrey L. Viken, United States Judge for the District of South
Dakota, adopting the report and recommendation of the Honorable Veronica L.
Duffy, United States Magistrate Judge for the District of South Dakota.
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