DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.