Summary
Pro se plaintiffs' amended complaint against multiple banks was dismissed for lack of personal jurisdiction over Bank of America and Countrywide (no minimum contacts with D.C.) and for failure to state a claim against all defendants under Rule 12(b)(6). The court held that group pleading, conclusory allegations, and wholesale copying of allegations from a separate government enforcement action did not satisfy Twombly/Iqbal plausibility standards. Additionally, plaintiffs' False Claims Act count failed because pro se individuals cannot bring qui tam actions on behalf of the government, and the complaint did not comply with procedural requirements (31 U.S.C. § 3730). The dismissal was without prejudice.
Holdings
- Plaintiffs failed to make a prima facie showing of specific facts sufficient to establish personal jurisdiction over Bank of America and Countrywide. Their single general allegation that 'the Banks have transacted business in this District' is insufficient; the complaint does not tie any conduct of these defendants to the District and plaintiffs' property addresses are in Hawaii. No continuous and systematic ties were alleged to support general jurisdiction.
- The amended complaint fails to state a claim against any of these bank defendants. It contains only group allegations, lacks particularized facts connecting each defendant to each plaintiff, fails to meet the heightened pleading standard of Rule 9(b) for fraud claims, and improperly copies allegations from an unrelated complaint filed by government entities. The False Claims Act count in particular is deficient because pro se plaintiffs cannot represent the United States and did not follow procedural requirements.
- The amended complaint fails to state a claim against these defendants for the same reasons as the bank defendants: it entirely fails to address their alleged actions as they pertain to plaintiffs' claims.
Questions Presented
- Whether plaintiffs made a prima facie showing of personal jurisdiction over defendants Bank of America, N.A. and Countrywide Home Loans, Inc.
- Whether the amended complaint stated a claim upon which relief could be granted against Deutsche Bank National Trust Company, U.S. Bank National Association, One West Bank F.S.B., and SecurityNational Mortgage Company.
- Whether the amended complaint stated a claim against the remaining defendants (RCO Hawaii, L.L.L.C. and its agents Glenn Fukuhara and Brett Ryan; Steve Munchi (Steven Mnuchin); and John/Jane Doe entities).
Disposition
dismissed
Cases Cited (14)
- International Shoe Co. v. State of Washington, Int'l Shoe Co. v. Washington, 326 U.S. 310 (1945)(positive)
- Reuber v. United States, 750 F.2d 1039 (D.C. Cir. 1984)(positive)
- Crane v. New York Zoological Soc'y, 894 F.2d 454 (D.C. Cir. 1990)(positive)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)(positive)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009)(positive)
- In re United Mine Workers of Am. Emp. Benefit Plans Litig., 854 F.Supp. 914 (D.D.C. 1994)(positive)
- Erickson v. Pardus, 551 U.S. 89 (2007)(positive)
- Atherton v. D.C. Office of Mayor, 567 F.3d 672 (D.C. Cir. 2009)(positive)
- Hurd v. District of Columbia Gov't, 864 F.3d 671 (D.C. Cir. 2017)(positive)
- Walden v. Fiore, Walden v. Fiore, 571 U.S. 277 (2014)(positive)
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Cited In (0)
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