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Gibbs v. Bank of America N.A.

RICO, Other Claims Barred by Res Judicata, Collateral Estoppel or Deemed Frivolous

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MEMORANDUM AND ORDER Pro se plaintiff M. Eugene Gibbs brings civil claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and New York General Business Law (“GBL”) Section 349, alleging various conspiracies. Mr. Gibbs’s wife brings similar claims as crossclaims. As explained below, most of these claims are barred because the couple has unsuccessfully pressed them in prior lawsuits. The remainder are dismissed because they are frivolous. Mr. Gibbs is advised that he may be subject to sanctions if he continues to file repetitive, frivolous, and vexatious lawsuits. Background Mr. Gibbs has filed a complaint and an amended complaint that purports to incorporate his original complaint in its entirety. See Compl. (Dkt. #1); Am. Compl. (Dkt. #6). The following facts are taken from the complaint and amended complaint and are assumed true for purposes of this order. Mr. Gibbs first alleges a conspiracy to undermine the Home Affordable Modification Program (“HAMP”) by Bank of America, Nationstar Mortgage, and various Doe defendants (collectively, the “HAMP Defendants”). Compl. 2-4. According to Mr. Gibbs, these defendants sought to subvert the HAMP program by falsely denying that they had received documents from homeowners and by issuing false notices claiming that homeowners had failed to submit required documentation. Id.

15-18, 72-81, 96-109. Mr. Gibbs alleges that as part of this scheme, Bank of America mishandled his own attempt to modify his mortgage on his home in Florence, South Carolina that Mr. Gibbs owned with his wife, Barbara Gibbs. Id. 132. He alleges that he contacted Bank of America in 2009 to seek a modification of his mortgage loan from Bank of America for that South Carolina home. Id.

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