Sharllette Berry v. Capella University, LLC ( 2023 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1476
___________________________
Sharllette Berry
lllllllllllllllllllllPlaintiff - Appellant
v.
Capella University, LLC
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Central
____________
Submitted: December 14, 2023
Filed: December 28, 2023
[Unpublished]
____________
Before LOKEN, SHEPHERD, and KOBES, Circuit Judges.
____________
PER CURIAM.
In this diversity action, Sharllette Berry appeals the district court’s1 dismissal
of her civil action against Capella University. After de novo review, see
1
The Honorable D.P. Marshall Jr., Chief Judge, United States District Court for
the Eastern District of Arkansas.
Christopherson v. Bushner, 33 F.4th 495, 499 (8th Cir. 2022) (reviewing Fed. R. Civ.
P. 12(b)(6) dismissal de novo); Ascente Bus. Consulting, LLC v. DR myCommerce,
9 F.4th 839, 844 (8th Cir. 2021) (reviewing futility-based denial of leave to amend
de novo); we agree with the district court that Berry did not plead her fraud claim
with the specificity required by Federal Rule of Civil Procedure 9(b), see Ascente, 9
F.4th at 845 (party alleging fraud must state with particularity circumstances
constituting fraud, including who, what, where, when, and how). We also conclude
Berry failed to plead facts demonstrating her entitlement to relief under the Arkansas
Deceptive Trade Practices Act. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(labels and threadbare recitals of elements supported by conclusory statements is
insufficient to show entitlement to relief).
Accordingly, we affirm, see 8th Cir. R. 47B, and deny as moot Capella
University’s motion to supplement the record.
______________________________
-2-