Muathe et al v. Bank of America NA et al

Filing 23

MEMORANDUM AND ORDER granting 16 GNMA's Motion to Dismiss for Failure to State a Claim; granting 16 GNMA's Motion to Dismiss for Lack of Jurisdiction; and denying as moot 18 Bank of America's Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge J. Thomas Marten on 5/29/14. Mailed to pro se parties Paul M. Muathe and Donald M. Muathe by regular mail. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PAUL M. MUATHE and
DONALD M. MUATHE,
Plaintiffs,
v.

Case No. 14-2147-JTM

GOVERNMENT NATIONAL
MORTGAGE ASSOCIATION,
et al.,
Defendants.
MEMORANDUM AND ORDER
The court has before it defendant Government National Mortgage Association’s
Motion to Dismiss (Dkt. 16). The court previously granted motions to dismiss for failure
to state a claim by defendants M&T Bank and Bank of America on May 14, 2014. Dkt.
21. That order laid out the appropriate background of the case, which the court need not
repeat here.
As with the prior motions to dismiss, pro se plaintiffs Paul and Donald Muathe
have not timely responded to GNMA’s motion. GNMA argues that the plaintiffs’
complaint should be dismissed for lack of subject-matter jurisdiction under Federal
Rule of Civil Procedure 12(b)(1) and for failure to state a claim under Rule 12(b)(6).
GNMA’s argument relying on Rule 12(b)(6) makes the same points as the previous
motions to dismiss that the court granted. Specifically, GNMA argues that the plaintiffs
do not assert a cognizable legal theory under Kansas law pertaining to quiet title
actions. As before, the court agrees and dismisses the complaint against GNMA. The

court set forth its Rule 12(b)(6) analysis in its prior order, and it need not repeat it here.
See Dkt. 21. Having found the substance of the complaint lacking, the court does not
need to address GNMA’s subject-matter jurisdiction argument.
The court also has before it defendant Bank of America’s Motion to Dismiss (Dkt.
18), filed on May 12, 2014. Having already terminated Bank of America as a defendant
in this case after granting its first motion to dismiss, the court holds that the new motion
is moot.
IT IS THEREFORE ORDERED this 29th day of May, 2014, that Government
National Mortgage Association’s Motion to Dismiss (Dkt. 16) is granted.
IT IS ALSO ORDERED that Bank of America’s Motion to Dismiss (Dkt. 18) is
denied as moot.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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