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142266P.pdf   07/08/2015  Quintero Community Assoc. Inc.  v.  FDIC as Receiver
   U.S. Court of Appeals Case No:  14-2266
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] Civil case. Even if the district court erred in denying plaintiffs' motion to remand the case to state court based on its argument the FDIC's motion to remove the case was untimely under 12 U.S.C. Sec. 1819(b)(2)(B), such an error would not be grounds for reversal at this state of the litigation; no error in dismissing most of plaintiffs' counts for failure to state a claim as most of the counts are simply conclusory and speculative without the necessary factual enhancement; plaintiffs failed to plead fraud with the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure; no error in granting summary judgment for defendants on plaintiffs' conversion claim as the defendant directors' act of copying records did not deprive plaintiffs of a property interest under Kansas law; no error in denying plaintiffs' motion to amend their complaint to add a new claim for the independent tort of spoliation as Kansas does not recognize the cause of action.