DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141929P.pdf 03/30/2015 Streambend Properties II, LLC v. Ivy Tower Minneapolis, LLC
U.S. Court of Appeals Case No: 14-1929
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Bye and Smith, Circuit Judges]
Civil case - Interstate Land Sales Full Disclosure Act. For the court's
prior opinion in the case see Streambend Props. II, LLC v. Ivy Tower
Mpls., LLC, 451 F. App'x 627 (8th Cir. 2012). District court did not abuse
its discretion by refusing to permit plaintiff to re-add a party whose
prior dismissal on the merits was not challenged in the earlier appeal;
plaintiff's Count alleging violation of Section 1703(a)(2)(A)&(C) did not
satisfy the pleading requirements of Rule 9(b) because it failed to plead
intentional wrongdoing (scienter) and the district court did not err in
dismissing the Count; Rule 8 governed the Section 1703(a)(2)(B)
allegations in Count I of the complaint, and it was error to dismiss them
for failure to satisfy Rule 9; however, the Count failed to state a
plausible claim and the dismissal is affirmed; no error in refusing to
permit further amendment of the complaint; no error in granting defendant
Commonwealth's motion for summary judgment as there was no evidence it
made any representations or was involved in the sale of property to
plaintiff; the district court did not err in refusing to exercise
supplemental jurisdiction over plaintiff's state law claims.