192868P.pdf   04/09/2021  Scott Rivera  v.  Bank of America, N.A.
   U.S. Court of Appeals Case No:  19-2868
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Colloton and Wollman, Circuit Judges] 
   Civil case - Foreclosures. The pleading plaintiff filed with state court 
   was both a motion and a petition under Missouri law, and when defendant 
   moved the matter to federal court and obtained an order dissolving the 
   state court's temporary restraining order, there was still a live case or 
   controversy before the district court on plaintiff's claims for wrongful 
   foreclosure, violation of the Missouri Merchandising Practices Act and 
   negligent misrepresentation, and the court properly considered defendant's 
   motion to dismiss for failure to state a claim; the court would not 
   consider an argument not made to the district court, and the district 
   court properly dismissed plaintiff's negligent misrepresentation claim for 
   failure to state a claim; the district court did not abuse its discretion 
   by denying plaintiff's motion for leave to file a second amended complaint 
   where the request was raised in two lines in a response to a motion to 
   dismiss and did not present any grounds or argument for the request.