201748P.pdf   06/09/2021  Nuevos Destinos, LLC  v.  Samuel Peck
   U.S. Court of Appeals Case No:  20-1748
   U.S. District Court for the District of North Dakota - Eastern   
   [PUBLISHED] [Kelly, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - RICO. In action alleging a civil RICO violation and related 
   state-law fraud and contract claims concerning the purchase of Peruvian 
   agricultural products for import to the U.S., appellants seek to amend 
   their complaint on appeal to delete their civil RICO claims and assert the 
   remaining state law claims for fraud, breach of contract and conspiracy 
   based on diversity jurisdiction; looking to the totality of the 
   circumstances, the court declines to exercise its discretion to permit 
   appellants to amend their complaint on appeal; the case does not involve a 
   mere technical pleading error; rather, the plaintiffs/ appellants not only 
   failed to plead diversity jurisdiction in their complaint but also made no 
   attempt to amend their complaint to do so - in spite of defendants' 
   jurisdictional challenges and the district court's decision not to 
   exercise supplemental jurisdiction over their state law claims; plaintiffs 
   had years to amend their defective pleadings and to permit such an 
   amendment this late in the case would be unfair to defendants; the 
   district court's judgment is affirmed.