Unopposed Motion to Dismiss is Deemed Confessed

Act as Your Own Lawyer and Failure is Almost Certain
No Suit Can be Maintained if Claims are Facially Implausible
Post 5152

In Gabaryaahla Israel and Akiva Israel, Beneficiaries v. Caliber Home Loans, Inc., et al., No. CIV-24-1255-D, United States District Court, W.D. Oklahoma (July 11, 2025) Wells Fargo Bank, N.A.'s Moved to Dismiss Plaintiffs' Complaint for Fraud, Quiet Title, Injunctive Relief, Breach of Contract, Declaratory Judgment, Damages, Racketeer Influenced Corrupt Organizations Act (RICO) Violations, and Trover and Midfirst Bank's Rule 12(b)(6) Motion to Dismiss.

Plaintiffs, who are self-represented, failed to respond to the motions to dismiss within 21 days as required by LCvR7.1(g) (establishing a 21-day deadline, and noting that any motion that is not opposed within 21 days may, in the discretion of the court, be deemed confessed.

BACKGROUND:

The plaintiffs brought this action against the defendants alleging various claims such as fraud, trover, unjust enrichment, RICO violations, and violations of consumer protection statutes including the Truth in Lending Act and the Real Estate Settlement Procedures Act. They sought to enjoin a foreclosure action proceeding in Canadian County District Court, provide declaratory relief for fraudulent mortgage assignments, and award damages .

KEY ALLEGATIONS:
Securitization and Assignment:

Plaintiffs allege that the loan was securitized and assigned to MidFirst Bank, releasing them from their obligations .

Insurance Claim Payout:

Plaintiffs claim that the defendants received an insurance claim payout covering the value of the property but failed to disclose it .

COURT'S ANALYSIS:

The court found that the plaintiffs' claims were facially implausible and failed to meet the pleading standards for fraud. The court also noted that the plaintiffs' complaint did not comply with the requirements of Rules 8(a) and 9(b) .

Rooker-Feldman Doctrine

In its motion Midfirst argued the Court lacks subject matter jurisdiction pursuant the Rooker-Feldman doctrine that precludes lower federal courts from effectively exercising appellate jurisdiction over claims actually decided by a state court and claims inextricably intertwined with a prior state-court judgment

Standard of Decision

A complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief. The pleading standard for fraud is, however, higher. A party alleging fraud must state with particularity the circumstances constituting the fraud.

Although a pro se party's pleadings must be liberally construed, the court cannot take on the responsibility of serving as the litigant's attorney in constructing arguments and searching the record.

The Court found Plaintiffs' complaint fails to state a claim for which relief can be granted. Plaintiffs' theory that the loan was paid off via securitization is therefore facially implausible. Pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements of the Federal Rules of Civil and Appellate Procedure.

A judgment has already been entered in a foreclosure action in Canadian County District Court between many, but not all, of the same parties.

CONCLUSION

The court dismissed the plaintiffs' complaint in its entirety without prejudice and without leave to amend.

ZALMA OPINION

It is almost guaranteed that when a plaintiff represents his or her self and fails to comply with court rules the pro se plaintiff will lose. In this case the plaintiffs failed to represent their own interest, presented a inept complaint that exceeded the ability to sue in federal court, and lost their suit wasting the time of the court and the funds of the defendants to defend the spurious suit.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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