Patricia Vylasek, et al v. Mortgage Electronic, et al


PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); [4391649-2] Denying motion take judicial notice filed by Appellants Ms. Patricia Vylasek and Mr. John J. Vylasek. [4438241] [16-1193]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1193 ___________________________ Patricia Vylasek; John J. Vylasek lllllllllllllllllllll Plaintiffs - Appellants v. Mortgage Electronic Registration Services, Inc.; Aurora Loan Services, LLC; Nationstar Mortgage, LLC; Residential Funding Company, LLC; Deutsche Bank Trust Company Americas; Does I-X lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: August 12, 2016 Filed: August 17, 2016 [Unpublished] ____________ Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Appellate Case: 16-1193 Page: 1 Date Filed: 08/17/2016 Entry ID: 4438241 John and Patricia Vylasek appeal after the district court1 dismissed their complaint with prejudice. They also move for this court to take judicial notice of certain facts. After careful de novo review, we conclude that the dismissal was proper. See Anderson-Tully Co. v. McDaniel, 571 F.3d 760, 762 (8th Cir. 2009) (grant of motion to dismiss is reviewed de novo); see also 28 U.S.C. ยง 1332 (diversity jurisdiction); Park Nicollet Clinic v. Hamann, 808 N.W.2d 828, 833 (Minn. 2011) (elements of breach-of-contract claim); Paidar v. Hughes, 615 N.W.2d 276, 279-80 (Minn. 2000) (elements of slander-of-title claim). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the pending motion. ______________________________ 1 The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota. -2- Appellate Case: 16-1193 Page: 2 Date Filed: 08/17/2016 Entry ID: 4438241

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