Scott Durand v. Bank of America

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 30, 2019
• Docket: 17-2467
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2467 ___________________________

Scott Durand

lllllllllllllllllllllPlaintiff - Appellant

The Estate and Trust of Mary Idella Durand

lllllllllllllllllllllPlaintiff

v.

Bank of America; The Bank of New York Mellon, as trustee for the Certificateholders of CWMBS, Inc. CHL Mortgage Pass-Through Trust 2007-20, Mortgage Pass-Through Certificates Series 2007-20, formerly known as The Bank of New York; Countrywide Home Loans; Residential Credit Solutions, Inc.

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota - Minneapolis ____________

Submitted: April 25, 2019 Filed: April 30, 2019 [Unpublished] ____________

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

PER CURIAM. Scott Durand appeals from the order of the District Court1 granting summary judgment to defendants in his action asserting mortgage fraud and other claims. Also pending is his motion for leave to supplement his reply brief.

We grant Durand’s pending motion. After de novo review,2 we conclude that summary judgment was properly granted for the reasons stated by the District Court. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (standard of review).

We affirm the judgment of the District Court. See 8th Cir. R. 47B. ______________________________

1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota. 2 In our review, we have not considered documents that were presented in this Court but were not before the District Court. See Griffin v. Super Valu, 218 F.3d 869, 871 (8th Cir. 2000) (noting that documents that were not before the district court are not considered to be part of the record on summary judgment).

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