ROMANO v. UNITED STATES (2019)

United States Court of Appeals, First Circuit.

Darlene ROMANO, as administrator of the estate of Michael Romano, Jr; Michelle O'Neill, individually and as administrator of the estate of Michael Romano, Jr.; Michael O'Neill; Michayla O'Neill, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

No. 18-1780

Decided: July 29, 2019

Before Thompson, Selya, and Barron, Circuit Judges.

Christopher J. Trombetta, with whom Law Office of Christopher J. Trombetta, Mansfield, MA, was on brief, for appellants. Mark B. Stern, Attorney, United States Department of Justice, Washington, DC, with whom Joseph H. Hunt, Assistant Attorney General, Andrew Lelling, United States Attorney, and Joshua Waldman, Attorney, Washington, DC, were on brief, for appellee.

This appeal is controlled by the plausibility requirement. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Accordingly, we affirm the district court's dismissal of the plaintiffs' complaint for essentially the reasons stated in the district court's plausibility analysis. See O'Neill v. United States, 328 F. Supp. 3d 16, 22-24 (D. Mass. 2018).

Affirmed. See 1st Cir. R. 27.0(c).

PER CURIAM.

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