FILED
NOT FOR PUBLICATION JAN 29 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAN V. READE; JENET M. FOURES, No. 13-57022
Plaintiffs - Appellants, D.C. No. 3:13-cv-00404-L-WVG
v.
MEMORANDUM*
CITIMORTGAGE INC.; DOES, 1-10,
Inclusive,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Dan V. Reade and Jenet M. Foures appeal from the district court’s judgment
dismissing without leave to amend their action alleging federal and state claims
related to their mortgage. We have jurisdiction under 28 U.S.C. § 1291. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review for an abuse of discretion the district court’s decision to dismiss without
leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc).
We affirm.
The district court did not abuse its discretion by dismissing without leave to
amend because amendment would have been futile. See Cervantes v. Countrywide
Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (explaining that “a district
court may dismiss without leave where . . . amendment would be futile.”); see also
N.Y. Bus. Corp. Law § 906(b)(2) (following a merger, the property of the
constituent entities “shall vest in such surviving or consolidated corporation
without further act or deed”).
We do not consider the district court’s dismissal order because plaintiffs
failed to address the district court’s dismissal of their claims in their opening brief.
See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised
by a party in its opening brief are deemed waived.”).
AFFIRMED.
2 13-57022