Merly Riger v. First Horizon Home Loan Corp.

MEMORANDUM

Plaintiff-Appellant Merly C.S. Riger, a homeowner whose home loans have fallen into default, appeals the district court’s order dismissing her First Amended Complaint (“FAC”) without leave to amend under Federal Rule of Civil Procedure 12(b)(6). We affirm.

Plaintiff challenges the order of the Judicial Panel on Multidistrict Litigation (“JPML”) transferring this case to the U.S. District Court for the District of Arizona (“MDL Court”) and the MDL Court’s order interpreting the JPML’s order. We lack jurisdiction to review the JPML’s order because Plaintiff has not sought a writ of mandamus. 28 U.S.C. § 1407 (e); see In re Wilson, 451 F.3d 161, 168 (3d Cir.2006). Plaintiff waived her challenge to the MDL Court’s order by not “specifically and distinctly” arguing it in her opening brief. Kim v. Kang, 154 F.3d 996 , 1000 (9th Cir.1998).

The district court properly dismissed Plaintiffs claim for unjust enrichment. Under Nevada law, unjust enrichment is not available when the parties had an express, written contract. Leasepartners Corp. v. Robert L. Brooks Trust Dated Nov. 12, 1975, 113 Nev. 747 , 942 P.2d 182, 187 (1997). Assuming that unjust enrichment is available when…