221478P.pdf   04/04/2023  Eric Sorenson  v.  Joanne Sorenson
   U.S. Court of Appeals Case No:  22-1478
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Melloy and Kobes, Circuit Judges] 
   Civil case. Civil Procedure. The deceased's third son was not a required 
   party in this action by his siblings against their step-mother concerning 
   the closing of certain CDs; as a result, the district court did not commit 
   plain error in deciding it had diversity jurisdiction without considering 
   28 U.S.C. Sec. 1359 sua sponte; the district court did not err in 
   determining that the claims in plaintiffs' First Amended Complaint were 
   claims that belonged to decedent for actions taken before his death and to 
   his estate for actions taken after his death; as a result, the complaint 
   was properly dismissed for failure to state plausible claims of fraudulent 
   misrepresentation and civil theft; the court did not abuse its discretion 
   in denying the First Amended Complaint with prejudice.