Olajide v. Federal Reserve Bank of San Francisco et al
Filing
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ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS; VACATING HEARING. The Second Amended Complaint is dismissed without further leave to amend. Signed by Judge Maxine M. Chesney on January 3, 2017. (mmclc1, COURT STAFF) (Filed on 1/3/2017)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OLANAPO AD OLAJIDE,
Plaintiff,
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v.
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FEDERAL RESERVE BANK OF SAN
FRANCISCO, et al.,
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United States District Court
Northern District of California
Case No. 16-cv-04472-MMC
ORDER GRANTING DEFENDANTS'
MOTIONS TO DISMISS; VACATING
HEARING
Defendants.
Re: Dkt. Nos. 35, 36, 39
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Before the Court are three motions: (1) "Motion to Dismiss Second Amended
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Complaint or, in the Alternative, Motion for More Definite Statement," filed December 1,
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2016, by defendant Federal Reserve Bank of San Francisco ("FRB"); (2) "Motion to
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Dismiss Plaintiff's Second Amended Complaint or for a More Definite Statement," filed
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December 1, 2016, by defendant Bank of America, N.A. ("BANA"); and (3) "Motion to
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Dismiss Plaintiff's Second Amended Complaint or for a More Definite Statement," filed
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December 1, 2016, by defendant Compass Bank ("Compass"). Plaintiff Olanapo Ad
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Olajide ("Olajide") has filed a single opposition, to which each defendant has replied.
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Having read and considered the parties' respective written submissions, the Court deems
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the matters suitable for decision thereon, VACATES the hearing scheduled for January 6,
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2017,1 and rules as follows.
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By order filed November 4, 2016, the Court dismissed Olajide's First Amended
Complaint ("FAC"), finding that although said pleading "identifie[d] a number of
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Olajide's "Motion for Leave to Appear Telephonically," filed December 28, 2016, is
hereby DENIED as moot. For future reference, Olajide is advised that the Court does not
conduct hearings on contested motions by telephone.
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constitutional provisions, statutes and regulations, [it] include[d] no facts to support a
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claim under any of the identified authorities or other law," and, instead "essentially
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consist[ed] of conclusory assertions lacking any explanatory factual support." (See
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Order, filed November 4, 2016, at 2:5-8.) The Court afforded Olajide leave to amend "for
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purposes of alleging facts to support any legal claims he seeks to assert against
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defendants." (See id. at 2:18-20.) Thereafter, on November 14, 2016, Olajide filed his
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Second Amended Complaint ("SAC"), titled "Civil Action at Common Law for Account
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Render and Declaratory Relief."
The SAC suffers from the same deficiencies as the FAC. Specifically, although
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the SAC asserts Olajide has been "damaged by the actions of [defendants]" (see SAC
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United States District Court
Northern District of California
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¶ 107), the SAC again essentially consists of conclusory assertions lacking any
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explanatory factual support for plaintiff's claim of injury (see, e.g., SAC ¶ 37 (alleging
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defendants "knew or should have known the material fact that they were specially
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designated by the U.S.A.'s Secretary of Treasury to act in a position of trust for the
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benefit of the People"); ¶ 63 (alleging BANA and Compass have "appropriated" Olajide's
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"servitude, as a source of true value for certificates of deposit that represent Debts
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charged to [Olajide's] legal trade name"). As explained in the Court's prior order,
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conclusory assertions are insufficient as a matter of law to state a cognizable claim. See
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Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009) (holding complaint subject to dismissal
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where it lacks “sufficient factual matter” to support conclusions); see also Bell Atlantic
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Corp. v. Twombly, 550 U.S. 544, 555 (2007) (holding "allegations must be enough to
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raise a right to relief above the speculative level").
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In his opposition, Olajide does not contend the SAC cured the deficiencies
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identified in the Court's prior order, and, instead, "admit[s] that [the SAC] was mistakenly
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submitted with multiple errors that couldn't be fixed once submitted." (See Pl.'s Opp. at
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1:14-15. Olajide, however, argues the motions to dismiss should be denied for the
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asserted reason that he has submitted "new facts" in a different proposed amended
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complaint attached to the opposition (see id. at 1:21-22), i.e., in a proposed Third
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Amended Complaint ("Proposed TAC").
"Although there is a general rule that parties are allowed to amend their pleadings,
it does not extend to cases in which any amendment would be an exercise in futility or
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where the amended complaint would also be subject to dismissal." Steckman v. Hart
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Brewing, Inc., 143 F.3d 1293, 1298 (9th Cir. 1998). Here, as defendants correctly point
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out, the Proposed TAC would be subject to dismissal, as it fails to allege any facts to
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support its conclusory assertions that defendants have damaged Olajide. Rather, as with
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the FAC and the SAC, the Proposed TAC consists of conclusory assertions of injury
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devoid of factual support. (See, e.g., id. ¶ 26 (alleging Olajide is "true owner of any debts
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due from security instruments appurtenant to [his] personal property possessed by BANA
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United States District Court
Northern District of California
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and Compass"); ¶ 46 (alleging defendants "have acted contrary to the duties and
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functions they agreed to uphold with the U.S.A. Secretary of Treasury by using,
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depositing in banks, and exchanging for other funds the value received from deposit of
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[Olajide's] personal property"); ¶ 60 (alleging defendants "have denied [Olajide] the right
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to inherit the guaranteed payment of Debts secured by the Government of the United
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States").)
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In sum, the SAC is subject to dismissal for failure to allege sufficient facts to
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support the conclusions asserted therein, and further leave to amend will be denied, as
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the Proposed TAC would itself be subject to dismissal for failure to allege sufficient facts
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to support the conclusions asserted therein.
CONCLUSION
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For the reasons stated above, defendants' motion to dismiss are hereby
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GRANTED, and the Second Amended Complaint is hereby DISMISSED without further
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leave to amend. The Clerk of Court shall close the file.
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IT IS SO ORDERED.
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Dated: January 3, 2017
MAXINE M. CHESNEY
United States District Judge
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