Faughn et al v. JPMorgan Chase Bank, NA

Filing 54

MOTION to dismiss case Without Prejudice filed by Rick D. Holtsclaw on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/12/2015 unless otherwise directed by the court. (Holtsclaw, Rick)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MARK FAUGHN, et al.,
Plaintiffs,
vs.
JPMORGAN CHASE BANK, N.A.,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 14-CV-00245-BCW

MOTION FOR DISMISSAL WITHOUT PREJUDICE
COME NOW Plaintiffs, by and through counsel of record, and move the Court for leave
to dismiss the above-captioned case without prejudice. In support of their motion, Plaintiffs
state as follows:
1.

This case arises out of Defendant’s alleged involvement in a Ponzi scheme by

which Plaintiffs were defrauded through the sale of fake or worthless certificates of deposit.
Plaintiffs allege that Defendant had knowledge that certain accounts associated with William
Wise, Jacqueline Hoegel and/or Kristi Hoegel were being used to receive money taken from
Plaintiffs and to funnel that money to off-shore accounts.

Plaintiffs further allege that

Defendant aided and abetted the Ponzi scheme, and became a co-conspirator to the scheme
through its failure to report the financial transactions to law enforcement and failure to freeze
the accounts or take any action to prevent the disbursal of the money obtained by defrauding
the Plaintiffs.
2.

This case was filed on March 13, 2014.

3.

Proceedings were effectively stayed until March 30, 2015 when the Court

entered its order (Doc. 49) regarding Defendant’s motion to strike Exhibits A and C to its
Complaint.
4.

No discovery has taken place and no substantive rulings have been made other

than the order striking Exhibits A and C, and the order denying Plaintiffs’ motion for default
judgment.
5.

Plaintiffs have amended their Complaint consistent with the Court’s order,

omitting the exhibits and making no reference to them.
6.

As the Court is aware, Defendant is party to a class action lawsuit based on a

same or similar cause of action pending before the U.S. District Court of Massachusetts (Hollis
v. JPMorgan Chase Bank, N.A., Civil Action No. 1:12-cv-10544-JGD).
7.

The Hollis case is two years older than the above-captioned case, and

procedurally advanced in comparison to the above-captioned case.
8.

Plaintiffs anticipate that a class will be certified in the Hollis case, and that some

or all of the plaintiffs in the above-captioned case will qualify as members of the class.
9.

Plaintiffs submit that it would serve the interests of judicial economy to allow

the above-captioned case to be dismissed without prejudice. Missouri’s one-year savings
clause will permit Plaintiffs to wait while the Hollis case develops. If the Hollis case achieves the
anticipated procedural posture, the interests of all eligible class members in the Missouri action
will be protected. If the Hollis case does not achieve the anticipated procedural posture,
Plaintiffs can re-file their case within the time permitted by the one-year savings clause.

2

10.

Plaintiffs do not anticipate any prejudice to Defendant. Plaintiffs’ counsel has

conferred with Defendant’s counsel, and Defendant’s counsel indicated that Defendant takes
no position regarding this motion.
11.

Plaintiffs do not oppose an extension of time for Defendant’s Answer to

Plaintiffs’ Amended Complaint in order to permit the Court to rule on this motion before the
Answer is due.
12.

This motion is not made for vexation or delay, but in the interests of fairness and

judicial economy.
WHEREFORE, for the foregoing reasons, Plaintiffs respectfully request that the Court
permit Plaintiffs to dismiss the above-captioned case without prejudice.

Respectfully submitted,
/s/ Rick D. Holtsclaw
Rick D. Holtsclaw, MO #32866
HOLTSCLAW FIRM
2029 Wyandotte, Suite 100
Kansas City, Missouri 64108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I certify that on this 26th day of May, 2015, I filed the above and foregoing electronically
with CM/ECF, which will automatically transmit a copy of this document to Defendant’s counsel
of record.
/s/ Rick D. Holtsclaw
Attorney for Plaintiffs
3

4