Kiggins v. ABN AMRO Mortgage Group, Inc. et al

Filing 19

Memorandum Opinion and Order: Defendants Bank of America N.A., BAC Home Loans Servicing L.P., and MERS' Motion to Dismiss is granted. Judge Patricia A. Gaughan on 4/3/12. (LC,S) re 13

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Joseph A. Kiggins,
Plaintiff,
vs.
ABN AMRO Mortgage Group, Inc.,
et al.,
Defendants.

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CASE NO. 1:12 CV 184
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

Introduction
This matter is before the Court upon defendants Bank of America N.A., BAC Home
Loans Servicing L.P., and MERS’ Motion to Dismiss (Doc. 13). For the following reasons,
the motion is UNOPPOSED and GRANTED.
Discussion
Plaintiff Joseph A. Kiggins filed his Complaint against defendants ABN AMRO
Mortgage Group, Inc., Mortgage Electronic Registration Systems, Inc. (MERS).
CitiMortgage, Inc., BAC Home Loans Servicing LP, and Bank of America N.A. (BANA).
Plaintiff seeks to have this Court void his contractual obligations under the terms of certain
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mortgage loans based on his allegation that MERS does not have the capacity to assign any
interest in a loan and that any such transfers are fraudulent. Plaintiff previously dismissed
with prejudice defendants ABN AMRO Mortgage Group, Inc. and CitiMortgage, Inc. The
remaining defendants moved to dismiss the Complaint. Plaintiff failed to oppose the motion.
The Sixth Circuit has recognized that where the “plaintiff fails to respond or to
otherwise oppose a defendant's motion, then the district court may deem the plaintiff to have
waived opposition to the motion.” Humphrey v. United States Attorney General’s Office, 279
Fed.Appx. 328 (6th Cir. 2008) (citing Scott v. State of Tennessee, 1989 WL 72470 (6th
Cir.1989) (The district court granted defendants’ unopposed motions to dismiss, finding
“them to be well-taken for the reasons discussed therein.” On appeal, the court determined
that plaintiff had waived his arguments by failing to oppose the motions.)
The Court has examined the unopposed motion and finds it to be well-taken for the
reasons set forth in the motion. Defendants have recited the facts as alleged in the Complaint
and have demonstrated that the Complaint fails to state a claim.
Conclusion
For the foregoing reasons, defendants Bank of America N.A., BAC Home Loans
Servicing L.P., and MERS’ Motion to Dismiss is granted.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 4/3/12

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