Leonard Luna v. Walmart Transportation

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 14, 2019
• Docket: 18-3698
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3698 ___________________________

Leonard Luna, on behalf of himself and all others similarly situated

lllllllllllllllllllllPlaintiff - Appellant

v.

Walmart Transportation, LLC, an Arkansas Corporation

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: August 9, 2019 Filed: August 14, 2019 [Unpublished] ____________

Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

In this action under the Fair Credit Reporting Act, Leonard Luna appeals following the district court’s1 Federal Rule of Civil Procedure 12(b)(6) dismissal for

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. 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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