IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

WILMINGTON TRUST N.A.,

Plaintiff, )

) Case No. 14-CV-86P

vs. ) Division

) K.S.A.Chapter 60

ERIC MUATHE, )

Defendant, )

SECOND MOTION TO STRIKE PLAINTIFF'S PLEADINGS

AND REQUEST FOR ORAL ARGUMENTS

COMES NOW, the Defendant, Eric M. Muathe, as himself and Pro-Se who files this

motion alleging and stating as follows:

1. Defendant incorporates, and references, the Defendant's June 14th, 2018 Motion to

Strike Plaintiffs Pleadings here.

2. Even after Defendant filed the previous Motion to Strike Plaintiffs Pleadings

attorney's for Plaintiff went ahead, and yet again, filed two pleadings on June 21st,

2018 in the subject matter case without sending the pleadings, or notifying

Page 1 of6
 Defendant in any shape, or form, that new pleadings had been filed. See the attached

summarized docket printout.

3. Defendant found out that there had been new pleadings filed when Defendant went

online to check on the case docket on July 8th, 2018.

4. It is important to note that this is not the first time that pleadings have not been sent

to Defendant by attorneys from the same Lathrop Gage LLP law firm. Attorney

Matthew Hubbard similarly had not been mailing hard copy pleadings to Defendant

as per his certificate of services. Attorney Matthew Hubbard does not dispute

this fact. The difference being that attorney Matthew Hubbard had sent Defendant a

copy of his court fillings via email but neglected to send Defendant hard copies as

per his certificate of service. See the attached, Nov 16th, 2016, email communication.

5. Here no service of filed pleadings of any kind have been sent to Defendant since

January 25th, 2018.

6. Defendant recently filed attorney complaints, dated June 18th, 2018, against

Plaintiffs attorneys [ehan K. Moore, and Michael J. Abrams. The complaints were

centered on the attorneys filing pleadings in the case, and not sending Defendant

any copies of these pleadings. See attached complaints.

7. It should be noted that since the Defendant's June 18th, 2018 attorney complaints,

Plaintiffs attorneys have mailed Defendant a four-page pleading from a separate

pending federal court case using priority mail. See the attached copy of the envelope

and pleading.

Page 2 of6
8. Until attorney's for Plaintiff stopped serving Defendant pleadings they had filed in

this case the record will reflect that Defendant had never missed any deadlines, or

failed to respond to any pleading in a timely manner, or failed to appear for any

hearing. It is impossible for any party to respond to phantom pleadings, or unknown

deadlines, or appear in undisclosed hearings.

9. Since summary Judgment pleadings tend to be voluminous then typically these

types of mailings are generally converted to priority mail with tracking. As an

example see the attached priority mail envelope, post marked June 1st, 2018, which

was sent from the Lathrop Gage LLP law firm as regards a motion to dismiss that the

law firm had filed in the above referenced federal case. This motion to dismiss (with

memorandum incorporated) had approximately 81 pages.

10. The attorney's for Plaintiff should readily be able to prove that they sent Plaintiff

any pleading via priority mail since January 25th, 2018. Of course, this will not be

possible since no mail has been sent to Plaintiff since January 25th, 2018 as has been

strongly alleged by Defendant.

11. Plaintiffs attorney should easily be able to produce evidence that the summary

judgment pleadings they filed on May 30th, 2018 and May 31st, 2018 were sent to

plaintiff, assuming priority mail was utilized for voluminous mail. Of course, this will

not be possible since no mail has been sent to Plaintiff since January 25th, 2018 as

has been strongly alleged by Defendant.

12. Defendant has yet to see any pleadings Plaintiffs attorneys failed since January

25th, 2018.

Page 3 of6
13. Kansas Rule of Professional Conduct 3.3 Advocate: Candor Toward the Tribunal

states: "a) A lawyer shall not knowingly: (1) make a false statement of fact or law to

a tribunal or fail to correct a false statement of material fact or law previously made

to the tribunal by the lawyer."

14. Defendant alleges and believes that any statement by Plaintiffs attorney alleging

that they have sent Defendant any pleading since January 25th, 2018 is a bad faith

bold faced lie, and a false statement of fact - knowingly and willfully meant to

mislead the Court, and Defendant.

15. It is apparent that severe sanctions are needed here due to the continued failure to

serve defendant even after Defendant filed the June 18th, 2018 attorney ethics

complaints and the June 14th, 2018 motion to strike and motion for sanctions. This

is an abuse of the process and is calculated willful, bad faith, practice aimed at

winning the case without affording the opposing party an opportunity to respond.

REQUEST FOR ORAL ARGUMENTS

Plaintiff requests oral arguments pursuant in part to Supreme Court Rule 133( c)(l).

Supreme Court Rule 133(c)(1) (2017 Kan. S. Ct. R. 198) provides: "A party may

request oral argument-either in the motion or in a response filed by the adverse

party."

Page 40f6
WHEREFORE, Defendant Prays for an order striking ALL of Plaintiffs filings since

January 25th, 2018, and bar Plaintiff from refilling said pleadings, or for any other

just and proper order.

Respectfully submitted,
By: bne- N..uJ~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286 < muathedotcom@gmail.com >

Page 5 of6
 CERTIFICATE OF SERVICE

I certify that on July 17th, 2018 the foregoing was mailed via PRIORITY mail - with
tracking - to the following address:

CLERK OF THE COURT

602 NORTH LOCUST
PITTSBURG, KS 66762

I certify that on July 17th, 2018 the foregoing was mailed via first class mail to the
following address:

JEHAN K. MOORE,
C/O LATHROP GAGE LLP,
2345 GRAND BLVD., STE. 2200
KANSAS CITY, MO 64108-2618

Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286
muathedotcom@gmail.com

Page 6of6
 7/8/2018 Office of Judicial Administration - Kansas District Court Records Search

Crawford County District Court Search - Case Display

Case Number: 86

Case Year: 2014 Case UID: 2014-CV-000086-P

Case Type: CV Filed: 2014-08-11
Case Sub-type: Mortgage Foreclosure Last Updated: 2015-06-17 at 14:26:56
Advisement Date: Remand Date:
Appealed: N Appealed Date:
Status Code: 1 Status Date:
Status Description: Pending

Defendants

Party 1

IDefendant Number: 1

Last Name (or Business Name): Muathe

l'irst Name: Eric Middle: M Suffix:

Description

Defense Attorney

Last Name: Pro Se First: IMiddle:

Primary Attorney: Y Court Appointed: N IConflict 1\ ttomey: N
Withdrawn: N Send Notices: Y
Practice Of 0 ffice:

Party 2

IDefendant Number: 2

Last Name (or Business Name): Mortgage Electronic Registration Systems Tnc
First Name: Middle: Suffix:

Description

I--sex_: I_Rac_e: _
IL...T-_Ic...;ig::.l_'t_: '?_e...;.g::.h_t_: ••••

Party 3

IDefendant Number: 3

Last Name (or Business Name): Citimortgage Tnc

First Name: Middle: Suffix:

Description

https:/Iwww.kansas.gov/countyCourts/search/records?execution=e1 54 1/20
 7/8/2018 Office of Judicial Administration - Kansas District Court Records Search

Action 152

Action Date: 2018-05-31 IAction Type: INFE

Action Agent: Richard M Smith
Description: r INF: Exhibit

Action 153

Action Date: 2018-06-14 IAction Type: MOT

Action Agent: Richard M Smith
Description: Motion for Sanctions and Request for Oral Arguments Document TD Number: 414243

Action 154

Action Date: 2018-06-14 IAction Type: MOT

fAction Agent: Richard M Smith
Description: Motion to Strike Plaintiffs Pleadings and Request For Oral Arguments Document ID Number: 414246

Action 155

Action Date: 2018-06-21 IAction Type: MOTG

Action Agent: Richard M Smith
Description: PLMNTTFF'S RESPONSE TO DEFENDANT MOTION TO STRIKE PLAINTIFF'S PLEADINGS MOT: Motion (Generic)

Action 156

Action Date: 2018-06-21 IAction Type: MOTG

Action Agent: Richard M Smith
Description: PLAINTIFF WILMINGTON TRUST RESPONSE TO DEFENDANT MOTION FOR SANCTIONS MOT: Motion (Generic)

Action 157

Action Date: 2018-07-06 IAction Type: RESET

Action Agent: Richard M Smith
Description: Hearing Rescheduled (Check Status 07/20/2018 05:00 PM) Motion for Summary Judgment rescheduled?

© 2018 Office ofJudicial Administration_(hnp;lIwww.kscourts,org).

https:/Iwww.kansas.gov/countyCourts/search/records?execution=e1 s4 20/20
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 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
AT KANSAS CITY

ERIC M. MUATHE, )
)
Plaintiff, )
v. )
Case No. 2: 18-CV-02064-CM-JPO
)
WELLS FARGO BANK, N.A., et al., )
)
Defendants. )
)

ORDER

Having considered Defendants' unopposed Motion for Extension of Time to File their

Reply in Support of Defendants' Motion to Dismiss Plaintiffs Amended Complaint, and finding

that Plaintiff has agreed to the requested extension of time and good cause has been shown for

the relief requested, it is hereby:

ORDERED that Defendants Motion for Extension of Time is hereby GRANTED.

Defendants are granted a 7-day extension of time, through and including July 19, 2018, within

which to file Defendants' Reply in support of their Motion to Dismiss Plaintiffs Amended

Complaint.

IT IS SO ORDERED.

Entered on this _ day of July, 2018.

JUDGE
 Case 2:18-cv-02064-CM-TJJ Document 16 Filed 06/29/18 Page 2 of 2

filed in good faith. Accordingly, good cause exists for the requested extension of time.

WHEREFORE, Defendants respectfully request that the Court enter an order granting

Defendants a 7-day extension of time, until July 16,2018, within which to file Defendants'

Reply in support of their Motion to Dismiss Plaintiffs Amended Complaint. A proposed Order

has been submitted to the Court.

Respectfully submitted,

LATHROP GAGE LLP

By: /s/ lehan Kamil Moore

R. Kent Sellers D. Kan. # 70019
Michael 1. Abrams KS # 15407
lehan Kamil Moore KS #22081
2345 Grand Avenue, Suite 2200
Kansas City, Missouri 64108-2684
Telephone: 816.292.2000
Facsimile: 816.292.2001

A TTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was filed electronically

with the Court on June 29, 2018, and sent via U.S. Mail to the following:

Eric Muathe, Defendant (pro se)

1410 Bitner Terrace
Pittsburg, Kansas 66762

/sl Jehan Kamil Moore

An Attorney for Defendants

2
 Case 2:18-cv-02064-CM-TJJ Document 16 Filed 06/29/18 Page 1 of 2

~.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
AT KANSAS CITY

ERIC M. MUA THE, )

)
Plaintiff, )
v. )
Case No. 2:18-CV-02064-CM-JPO
)
WELLS FARGO BANK, N.A., et al., )
)
Defendants. )
)

DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE REPLY

IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT

Defendants, by and through their attorneys, Lathrop Gage, LLP, hereby move the Court

for a 7-day extension of time within which to file Defendants' Reply in support of their Motion

to Dismiss Plaintiffs Amended Complaint. In support of this motion, Defendants' state and

allege as follows:

1. On June 25, 2018, Plaintiff filed his response to Defendants Motion to Dismiss

Plaintiff's Amended Complaint.

2. Defendants' Reply is currently due on July 9, 2018.

3. Defendants respectfully request a 7-day extension of time, until July 16,2018, to

file their Reply in support of Defendants' Motion to Dismiss Plaintiffs Amended Complaint.

Defense Counsel will be out of town next week and Defendants need additional time in order to

thoroughly analyze and respond to Plaintiffs arguments.

4. Counsel for Wells Fargo communicated with Plaintiff on June 29,20182018, via

email and Plaintiff agreed to the proposed extension.

5. This is Wells Fargo's first request for an extension of time to file its Reply in

support of its Motion to Dismiss. This request for an extension will not cause undue delay and is

29724491v5
,.- SUBMITTED BY:

LATHROP & GAGE LLP

By:/s/ lehan Kamil Moore

Michael J. Abrams (15407)
Jehan Kamil Moore (22081)
2345 Grand Avenue, Suite 2400
Kansas City, Missouri 64108-2684
Telephone: 816.292.2000
Telecopier: 816.292.2001
mabrams@lathropgage.com
j moore@lathropgage.com

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 29, 2018, a copy of the foregoing was sent

via US. Mail to the following:

Eric Muathe, Defendant (pro se)

1410 Bitner Terrace
Pittsburg, Kansas 66762

/s/ Jehan Kamil Moore

An Attorney for Defendants

2
6/13/2018 Gmail - Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irag answers pdf

Eric Muathe <muathedotcom@gmail.com>

Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf

Eric Muathe <muathedotcom@gmail.com> Wed, Nov 16, 2016 at 1:05 PM
To: "Hubbard, Matthew (LG)" <MHubbard@lathropgage.com>

Good Afternoon Matt,

I have been waiting for your discovery responses via regular mail over the last few days I have NOT yet received any1hing' via regular mail as per your November 11th,
2016 certificate of service.

'The mailman just came by today - November 16th, 2016.

I have to, and will, object that there is a disturbing pattern you have now established right from the beginning where your certificates of service say you mailed a
pleading but it never arrives via regular mail, or even worse in one instant it was mailed several days well after the date stated on the certificate of service.

This is improper!

I have been busy with two federal cases and two Kansas court appeals (one moving to the KSC soon) so would like to take a look at your discovery responses but they
have NOT arrived in the mail as per your certificate of service.

Could you send the discover pleadings since I haven't received them.

Thanks for your cooperation.

Eric Muathe
[Quoted text r.idden]

"And Iherefore our contemplation of this source, as the power which we want, gives us Ihe ability 10 use that power. And the way we use this process is to contemplate
ourselves as surrounded by the conditions which we weot to produce."> Thomas Troward.

Namaste,
Eric Muathe
CEO 1 Founder
Encare Financial Inc.
http://w.w/.mt;athe.com
6/13/2018 Gmail - Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf

Eric Muathe <muathedotcom@gmail.com>

Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf

Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Wed, Nov 16,2016 at 1:13 PM
To: Eric Muathe <muathedotcom@gmail.com>

Eric:
We are fed-exing you the hard copies of the discovery pleadings and documents for overnight delivery. We get used to emailing everything these days and
sometimes forget that you have requested hard copies. Let me know if you have any questions.

Thanks,

Matt
r
From: Eric Muathe [mailto:mualhedolcom@gmail.com]
Sent: Wednesday, November 16, 2016 1:05 PM
To: Hubbard, Matt
Subject: Re: Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf

[Quoted text hiddenl

 June 18th, 2018

TO WHOM IT MAY CONCERN

This is a complaint against Kansas attorney [ehan K. Moore (KS #22081) of Lathrop
Gage LLP, 2345 Grand Blvd., Suite 2200, Kansas City, MO 64108-2618

As regards a pending Crawford County Kansas foreclose case styled Wilmington Trust N.A.,
vs Eric Muathe et al., case number 14-CV-86P ...

It has come to my attention that since January 25th, 2018 Plaintiffs attorney [ehan K
Moore has filed several pleadings with the court (including a motion for summary
judgment) WITHOUT ANY SUCH PLEADINGS/FILINGS BEING SENT TO ME - THE
DEFENDANT.

Ijust became aware of the filing of these pleadings, around June 12th, 2018, when a case
summary docket print out was attached to a pleading in a currently pending federal court
case styled Eric Muathe vs. Wells Fargo Bank N.A. et a!. CASE NO. 2:18-cv-02064-CM-JTT.

The said docket printout - labeled "Exhibit B" - is attached to this complaint. Defendant is
not aware if any other pleadings have been filed by the Plaintiffs attorney since the June
1st, 2018 date of the above mentioned docket print out.

Defendant believes that - at the very least - failure to follow KS.A 60-205 violates the
Kansas rules of professional conduct - in particular rule 226 - 3.4 Advocate: Fairness to
Opposing Party and Counsel.

Please investigate this matter.

Respectfully submitted,

By: Wt- N\N~

Eric Muathe,
P.O. Box 224,
Pittsburg, Kansas, 66762
(913) 980-7286

Cc:

,j' Office of the Disciplinary Administrator

../ Jehan K. Moore @ jmoore@lathropgage.com
../ Lathrop Gage LLP
Case 2:18-cv-02064-CM-T JJ Document 11-2 Filed 06/01/18 Page 1 of 4

EXHIBITB
 Case 2:18-cv-02064-CM-TJJ Document 11-2 Filed 06/01/18 Page 2 of 4
5J31i2018 Case Summary

Case Number 2014-CV-000086-P Plaintiff \Nilmington Trust Cornpanv

Case Type Mortgage Foreclosure Defendant Eric M Nuathe et al
Opened Judge Richard ~1Smith - Division SMITHR
Status Active

5 Show/Hice Participants

Plaintiff[sj Counsel of Record

Wilmington Trust Company lehan Kamil Noore
1270 Northland Dr #200 2345 Grand Ave Suite 2200
r·lerniota Heights, t·iN 55120 Kansas City, MO 64108-2684
(816) 292-2000

Michael J Abrams
2345 Grand Blvd., Suite 2800
Kansas City, ;vIa 64108-2684
(816) 292-2000

Defendant[sj Counsel of Record

Eric M Muathe ProSe
1410 Bitner Terrace
Pittsburg, KS 66762
(913) 980-7286
muathedotcom@gmail.com

(\I1ortgage Bectronic Registration Systems Inc

1901 E Vorhees Street, Suite C
Danville, !L 61834

Otimortgage rnc
C/O The Corporation Company

GB Home Equity LLC

C/O National Registration Agents Inc Of KS

File Date Case History

Petition FiledDocument ID Number: 249079
2 Request For Service Form Document ID Number: 249081
3 Summons Issued to Crawford County SOOocument ID Number: 249083
3 Summons Issued Back to Attny for ServiceDocument 10 Number: 249090
Summons Served/Returned Personal Service on Unknown Occupant on August 13 2014Dccument ID Number; 249575
Summons Served/Returned Personal Service on Eric r·1uatheon August 13 2014Document lD Number: 249576
Summons Returned/No Service on Unknown Spouse of Eric 1~1uatheDocument ID Number: 249577
NemorandumDocument ID Number: 250021
Assignment OrderDocument !D Number: 250022
Clerks Fourteen Day Extention of Time to Respond to Plaintiffs Petition Document ID Number: 250299
,- Mail Returned On GB Home Equity LLC Updated Address in Full Court and RemaiJedAssignment OrderDocument 10 Number: 250525
Defendants Objection To ludicial Assignment Document ID Number: 251057
Defendants r-totion To Dismiss lNlth Memorandum IncorporatedDocument [0 Number: 252730
Request For Service Form Document ID Number: 253076
Alias Summons issued Back to Attoy for ServiceDocument ID Number. 253077
Certificate of Service Documenr lD Number: 255353
1." Alias Summons Returned Served By Certified Mail on GB Home Equity on Sept 26 2014Document TONumber: 255354
Plaintiffs Request For Additional Time to Respomd to Defendants 11000nto DismissDocumenr lD Number: 258466
Defendants Objectron to Plaintiffs Untimely Request for Additional TIme to Respond to Defendants Motion to DismissDocument !D
Number: 259867
Certificate of Service Document TONumber: 259912 EXH IBIT B
Certificate of se~Jice Document ID Number: 259941
Plaintiffs Request for Additional TIme to Respond !O Dei. Motion to DismlssDocument ID Number: 260240
Order Grilnting Plaintiffs Request for Additional Time to Respond to Defendants Motion to DismissDocument ID Number: 260241
Supplemental Objection to Plaintiffs Untimely Request for Additional Time to Respond to Defendants Motion to DismissDocument ID

https:lldistrictfi.ler.kscourts.orginotiiyicmsFuIIHislory.html?pageAction"QueryCmsFuIiHist&notiiierCaselnfold,,307157&caseNumber-=2014-CV-000086-P&companylrl=
 Case 2:18-cv-02064-CM-T JJ Document 11-2 !=iled 06/01/18 Page 3 of 4
5/31/2018 Case Summary
Number: 260402
Designation of Lead CounselDocument ID Number: 261178
Plaintiffs Suggestions in Opposition To Defendants ~lotion to Dismiss Plaintiffs PetitionDocument lD Number: 261278
DeFendantsReply in Support of Defendants /·10Iionto Dismiss for Lack of Standing Document lO Number: 262228
Generated from document Case Hgmt Conf flied Feb 9, 2015
Assignment Order-Hen. Janice RusseliDocument lO Number: 268657
Letter From Elaine BradshawDocument ID Number: 268679
Letter from Judge Russellfrocument lO Number: 273382
Motion For Disqualification of Judge Plus Request For Oral ArgumentsDocument lO Number: 277243
1'1otionFor Telephonic Hearing Document lO Number: 276733
f ~'s ,•. ::'}- .2.:. J. t;" Objection to Hearing Document ID Number: 277678
Notice of Filing of Motion of Disqualification Which is AttachedDocument [D Number: 277680
Letter from Judge Wachter Document ID Number: 277342
Motion For Disqualification fo Judge Plus Affidavit in SupportDocument ID Number: 278982
Letter From Judge Robert Fleming Document ID Number: 280019
Assignment No. 14 (Ward Iimited)Document 1DNumber: 280790
).,-,-:...,
Order Granting Change of JudgeDocument lD Number: 281703
Designation of Lead Counsel Document ID Number: 282546
Assignment No 21 - Hon. Richard SmithDocument ID Number: 282840
Notice Of HearingDocument lO Number: 285712
Motion For ConbnuanceDocument ID Number: 287139
Motion For Disqualification of Judge PluSRequest for Oral ArgumentsDocument ID Number: 2871~0
['<lotionTo Determine Jurisdiction Plus Request for Oral ArgumentsDocument ID Number: 287141
Order Denying Change of Judge And Granting Request For Continuance. Copies Mailed to all parties.Document ID Number: 287332
Motion For Disqualification of Judge Plus Affidavit in Support Document ID Number: 288949
Designation of Lead Counsel Document ID Number: 295032
OrderDocument ID Number: 302145
Assignment No. 15 (Creitz Iimited)Document ID Number: 303278
Certificate of Service Document ID Number: 303884
Order For Further Rndings And Counterclaim Document IO Number: 303885
Letter From Eric MuatheDocument lD Number: 305710
Response to Requet For Clarification Document ID Number: 306073
Letter Pursuant to K5A 60 237 Objecting Premature Discovery Document ID Number: 306510
Supplemental ~1otionFor Disqualifiction Of Judge Richard Smith Document IO Number: 306970
Defendants 1'10tionto Stay Discovery Document ID Number: 308550
'·c·· Order Overruling Defendants Motion For Disqualification Document ID Number: 309806
Plaintiffs l>lemorandum In Opposition To Defeildant Eric Muathe's r-ionon To Stay Discovery Document ID Number: 309307
Notice Of HearingDocument ID Number: 313856
letter From Eric Muathe to Elaine BradshawDocument ID Number: 313928
Motion For ContinuanceDocument lO Number: 313930
Letter From Eric Nuathe to Elaine Bradshaw Document ID Number: 313932
Motion For ContinuanceDocument ID Number: 313933
Plaintiffs Response TO Defendants ~10tion For ContinuanceDocument ID Number: 314232
Plaintiffs Response to Defendants Motion For Continuililce Document lD Number: 315662
Order on Pending Motion Document ID Number: 316128
Letter Requesting Clarification and Request For 30 Day Extension to File Answer and/or CounterclaimDocument 10 Number: 317492
Clerks Fourteen Day Extention of Time To File An Answer and/or CounterclaimDocllment 10 NUmber: 317445
Letter From Eric f'1uathe Requesting "Answer/Counterclaim" To Be filed In The case AleDocument ID Number: 318081
Answer to Petition + Counterclaim Document lD Number: 318087
Order On Letter Requesting Clarlficaton and Request for 30 day extension to File Answer/or CounterclaimDocument 10 Number:
318816
Plaintiff's Motion to Strike Eric Muathe's Answer/Counterc!aim MOT: Motion (Generic),
1'1emOrandumin Support of Motion to Strike Answer and Counterclaim INF: Hemorandum
Notice of Hearing Motion to Strike NOT: Notice - No service Required
Letter Dated June 21 2016 to Clerk of the CourtDocument ID Number; 323166
Response to Plaintiffs Motion to Strike Defendants Answer/Counter Claim Document lD Number: 323168
letter Dated June 272016 To Clerk of the CourLDocument lD Number: 323170
Amended Answer to Petition + Counterclaim Document TO Number: 323172
Military Service Affidavit AFF: Affidavit (Generic)
Plaintiff's Motion for Summary Judgment MOT: Summary Judgment
Scheduling OrderDocument lD Number: 323998
Letter Dated July 7th 2016 to Clerk of the CaurtDocument lD Number: 324258
Objection to Proposed Scheduling OrderDocument lD Number: 324259

11t1ps:fldistrictfiler.kscourts. orglnoUfy/cmsF ullHistory.h tml ?pageAction=QueryCmsF uliH ist&notifierCase Infold=307157 &casi?N umber=2014-CV-000086-P &compa nvld=:
 Case 2:18-cv-02064-CM-TJJ Document 11-2 Filed 06/01/18 Page 4 of 4
5131{2018 Case Summary

Second Amended Answer to Petition + Counterdaim Document LD Number: 324260

Letter From Eric MautheDocument ID Number: 325920

..• )"J
Defendants Response to Plalniffs Motion for Summary Judgment Requesting Continuance or Extension of Time to Respond Under
KSA 50-256(f) with Affidavit IncorporatedDocument JD Number: 325921
Plaintiffs Motion to Dismiss Counterclaims MOT: Dispositive
Plaintiffs Memorandum in Support of ~ltn to Dismiss Counterclaim INF: ~iemorandum
Request for Statement of Monetary Damages MOT: Motion (Genenc)
Certificate of Service INF: Information (Generic)
Motion for Sanctions and Request For Oral ArgumentsDocument LD Number: 328471
Motion To Determine the Nature and Cause of Summons and Request For Oral ArgumentsDocument LD Number: 328473
Defendant's Response to Plaintiffs Motion to Dismiss Defendant Eric l-1uathe's Counterclaims and Request for Oral
ArgumentsOocument ID Number: 329154
Notice of Withdrawl of Counsel And Entry of Appearance of Substituted CounselDocument ID Number: 329343
Motion for Extension of Time MOT: ~10tion (Generic)
Response To Plaintiff's Request For Statement of Monetary Damages And Request for Oral ArgumentsDocument ID Number: 329637
Notice Of HearingDocument !D Number: 330982
t~otion for Extension of Time to Answer or Otherwise Respond to Discovery Request MOT: i"iotion (Generic)
Motion to Amend Scheduling Order "'lOT: Motion (Generic)
Plaintiff's Second Motion for Extension of TIme to Answer or' Otherwise Respond NOT: Motion (Generic)
Order Granting Motion for Extension of Time ORD: Orcer- No Service Required
Order Granting Extension of TIme to Respond to Discovery Requests ORD: Order - No Service Required
Order Granting Second ~1ction for Extension of Time to Answer or Otherwise Respon ORD: Order - No Service Required
Amended Scheduling Order ORO: Order - No Service Required
Plaintiffs Unopposed Third "'1Gtion for Extension of Time to Answer or Otherwise "'lOT: Motion (Generic)
Amended Assignment Order ORO: Order Originated by Judge
Order Granting Extension of TIme to Respond ORD: Order - No Service Required
Certificate of Service DIS: Discovery (Generic)
Plaintiffs Unopposed Motion to Amend the October 6, 2016, Scheduling Order MOT: Motion (Generic)
Second Amended Scheduling Order ORO: Order (Generic)
Certificete of Service 0[5: Discovery (Generic)
Moton To Strike All of Plaintiff's Out of Time Second Discovery ResponsesDocurnent!D Number: 366659
Notice of Hearing NOT: Notice - No Sheriff Service Required
Motion to Compel Response to Discovery Document ID Number: 367924
Plaintifr's Response to Defendant's Motion to Compel NOT: Response
Defendants Objection to Proposed Order Document 10 Number: 372850
Notice of Withdrawal of Counsel and Entry of Appearance of Substituted Counsel NOT: Notice - No Sheriff Service Required
Motion to Amend Scheduling Order t40T: MO"on (Generic)
Amended Scheduling Order ORD: Order (Generic)
Defendant's Response to Piaintiffs Motion To Amend Scheduhng OrderDocument!D Number: 395135
Motion to Amend Scheduling Order "lOT: ("iotion (Generic)
Proposed Second Amended Scheduling Order ORD: Order (GeneriC)
Proposed Second Amended Scheduling Order ORD: Order (Generic)
Plaintiff Wilmington Trusts r~obon for Summary Judgment on Muathe's Counterclaim MOT: Summary Judgment
Plaintiffs Memo in Support of its t4otion for Summary Judgment INF: ~1emorandum
A INF: Exhibit
B iNF: Exhibit
C INF: Eyhibit
D INF: Exhioit
E INF: Exhibit
F INf: Exhibit

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 June 18th, 2018

TO WHOM IT MAY CONCERN

This is a complaint against Kansas attorney Michael J. Abrams (KS#15407) of

Lathrop Gage LLP, 2345 Grand Blvd., Suite 2200, Kansas City, MO 64108-2618

As regards a pending Crawford County Kansas foreclose case styled Wilmington Trust N.A.,
vs Eric Muathe et at case number 14-CV-86P ...

It has come to my attention that since January 25th, 2018 Plaintiffs attorney Michael J.
Abrams has filed several pleadings with the court (including a motion for summary
judgment) WITHOUT ANY SUCH PLEADINGS/FILINGS BEING SENT TO ME - THE
DEFENDANT.

Ijust became aware of the filing of these pleadings, around June 12th, 2018, when a case
summary docket print out was attached to a pleading in a currently pending federal court
case styled Eric Muathe vs. Wells Fargo Bank N.A. et al. CASE NO. 2:18-cv-02064-CM-JTT.

The said docket printout - labeled "Exhibit B" - is attached to this complaint. Defendant is
not aware if any other pleadings have been filed by the Plaintiffs attorney since the June
1st, 2018 date of the above mentioned docket print out.

Defendant believes that - at the very least - failure to follow K.S.A 60-205 violates the
Kansas rules of professional conduct - in particular rule 226 - 3.4 Advocate: Fairness to
Opposing Party and Counsel.

Please investigate this matter.

Respectfully submitted,

By: En~ \'\M)~

Eric Muathe,
P.O. Box 224,
Pittsbur~Kansas,66762
(913) 980-7286

Cc:

,/ Office of the Disciplinary Administrator

./ Michael J. Abrams @ mabrams@lathropgage.com
,/ Lathrop Gage LLP
Case 2:18-cv-02064-CM-T JJ Document 11-2 Filed 06/01/18 Page 1 of 4

EXHIBITB
 Case 2:18-cv-02064-CM-TJJ Document 11-2 Filed 06/01118 Page 2 of 4
5131/2018 Case Summary

Case Number 2014-Cl1-000086-P

Plaintiff Wilmington Trust Company
Case Type Mortgage foreclosure Defendant Elic r·1 ~Iuathe et al
Opened Judge Richard ~1 Smith - Division SMITHR
Status Active
Show/Hide Partidpants

Plaintiff(sJ Counsel of Record

Wilmington Trust Company Jehan Kamil Moore
1270 Northland Or #200 2345 Grand live Suite 2200
t~endota Heights, t·1N 55120 Kansas City, NO 64108-2684
(516) 292-2OCO

Michael] Abrams

2345 Grand Blvd., Suite 2800

Kansas City, ~1064108-2684
(816) 292-2000

Defendant[s] Counsel of Record

Eric M t·luathe ProSe
1410 Bitner Terrace
Pittsburg, KS 66762
(913) 980-7286
rnucthedotcom@gmcil.com

I-Iortgage Electronic Registration Svsterns lnc

190 1 E Vorhees Street, Suite C
Danville, IL 61834
Citimortgage [nc
C/O The Corporation Company

GB Home Equity lLC

C/O National Registration Agents lnc Of KS

File Date Case History

Petitilln FiledDocument 10 Number: 2"9079
2 Request Fer Service Form Document 1D Number: 249091
3 Summons Issued to Crawford County SODocument fD Number: 249083
3 Summons Issued Back to Attay for ServiceDocument ID Number: 249090
Summons Served/Returned Personal Service on Unknown Occupant on August 13 2014Document TO Number: 249575
Summons Served/Returned Personal Service on Eric MuatlJe on August 13 2014Document !D Number: 249576
Summons Returned/No Service on Unknown Spouse of Eric Muathe Document ID Number: 249577
MemorandumDocument ro Number: 250021
Assignment OrderDocument TO Number: 250022
Clerks Fourteen Day Extention of Time to Respond to Plaintiffs PetitlonDocument lD Number: 250299
tl;ail Returned On GB Home equity LLC Updated Address in Full Court and Remailed Assignment OrderDocument ID Number: 250525
Defendants Objection To Judicial Assignment Document TO Number: 25i057
Defendants Motion To Dismiss WIth Memorandum fncorporatedDocument ID Number: 252730
Request For Service Form DocumenllD Number: 253076
Alias Summons Issued Back to Attny for ServiceDocument ID Number: 253077
Certificate of Service Document ro Number: 255353
Alias Summons Returned Served By Certified Mail 011 GB Home Equity on Sept 26 2014Document ro Number: 255354
Plaintiffs Request For Additional Time to Respomd to Defendants "'lotion to DismissDocument lD Number: 258466
Defendams Objection to Plaintiffs Untimelv Request for }I.Mitionai Time to Respond to oerenoants Motion to DismissDocument lD
Number: 259867
CertificatE of Service Document fD Number: 259942 EXHIBIT B
Certificate of Service Document ID Number: 25994l
Plaintiffs Request for Additional Time to Respond to Def. Notion to DismlssDocument lD Number: 2602'10
Order Granting Plaintiffs Request for Additional Time to Respond to Defendants Motion to DismissDocument TO Number: 26024 i
Supplemental Objection to Plaintiffs Untimely Request for Additional Trme to Respond to Defendants Motion to DismissDocument ID

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 Case 2:18-cv-02064-CM-T JJ Document 11-2 Filed 06/01/18 Page 3 of 4
5/31/2018 Case Summary

Number: 260402

Designation of Lead CounselDocument lD Number: 261178

Plaintiffs Suggestions in Opposition To Defendants Notion to Dismiss Plaintiffs PetilionDocument 10 Number: 261278
Defendants Reply in Support of Defendants Molion lo Dismiss for Lack of Standing Document 10 Number: 262228
Generated from document Case Mgmt Coni filed Feb 9, 2015
Assignment Order-Hon. Janice RusseliDocument ID Number: 268657
,'- _ ..• - -.- - Letter from Elaine BradshawDocument 10 Number: 268679
Letter from Judge Russel/Document ID Number: 273382

Motion For Disqualification of Judge Plus Request For Oral ArgumentsDocument 10 Number: 277243
Motion For Telephonic Hearing Document ID Number: 276733
Objection to Hearing Document ID Number: 277678
Notice of Filing of Motion of Disqualification Which is AttachedDocument ID Number: 277680
Letter from Judge Wachter Document lD Number: 277842

Motion For Disqualificatlon fo Judge Plus Affidavit in SupportDocument ID Number: 278982

Letter From Judge Robert Fleming Document ID Number: 280019
Assignment No. 14 (Ward Iimited)Document ID Number: 280790
Order Granting Change of JudgeDocument lD Number: 281703

Designation of Lead Counsel Document lD Number: 282546

Assignment NO 21 - Hon. Richard SmithDocument ID Number: 28.28'10
.:, ': Notice Of HearingDocument ID Number: 285712
t10tion For ContinuanceDocument ID Number: 287139
Motion For Disqualification of Judge Plus Request for Oral ArgumentsDocument ID Number: 287140

Motion To Determine Jurisdiction Plus Request For Oral ArgumentsDocument ID Number: 287141
Order Denying Change of Judge And Granting Request For Continuance. Copies Mailed to all parties. Document lD Number: 287332
r~otion For Disqualification of Judge Plus Affidavit in Support Document ro Number: 288949
Designation of lead Counsel oocument ID Number: 295032
Order Document lD Number: 302145

Assignment No. 15 (Creitz Iimited)Document ID Number: 303278

Certificate of service Document ID Number: 303884
- J- :t Order For Further Findings And Counterclaim Document ID Number: 303885
Letter from Eric ~;uatheDocument ID Number: 305710
Response to Requet For Clarification Document ID Number: 306073
Letter Pursuant to KSA 60 237 Objecting Premature Discovery Document JD Number: 306510
Supplemental Motion For Disqualitiction Of Judge Richard Smith Document ID Number: 305970
Defendants Motion to Stay Discovery Document ID Number: 308550
Order Overruling Defendants r-totlon for Disqualification Document ID Number: 309806
Pla/ndffs ~lemor"ndum In Opposition To Defendant Eric Muathe's Motion To Stay Discovery Document 10 Number: 309807
'-J2 ... : Notice Of HearingDccument lD Number: 313856
Letter From EriC Muathe to Elaine BradshawDocument lD Number: 313928
Motion For ContinuanceDocument lD Number: 313930
Letter From Eric Muathe to Elaine Bradshaw Document ID Number: 313932
-.1-;·-- , ~ Motion for ContinuanceDocument ID Number; 313933
Plaintiffs RESPOnse To Defendants ~1otion For ContinuanceDocument lD Number: 314232
Plaintiffs Response to Oefendants Notion For Continuance Document ro Number: 315662
Order on Pending Motion Document ID Number: 316128
letter Requesting Clarification and Request For 30 Day Extension to file Answer and/or CounterclaimDocument ID Number: 317492
Clerks Fourteen Day Extention of TIme To File An Answer and/or CounterclaimDocument ID Number: 317445
Letter From Eric Muathe Requesting "Answer/Countenclaim" To Be Filed In The case AleDocument ID Number: 318081
( -::--::-20.':: Answer to Petition + Counterclaim Document ID Number: 318087
Order On Letter Requesting Clcrificaton and Request for 30 day extension to Rle Answer/Or CounterclaimDocument ID Number:
318816
Plaintiff's Motion to Strike Eric I~uathe's Answer/Counterdaim MOT: Motion (Generic)
Memorandum in Support of Motion to Strike Answer and Counterclaim INF: Memorandum
.,: .. -_~0 ."" Notice of Hearing Motion to Strike NOT: Notice - No service Required

(:;'··:;'1-2\:':/' Letter Dated June 21 2016 to Clerk of the CourtDocument lD Number: 323166
Response to Plaintiffs Motion to Strike Defendants Answer/Counter Claim Document ID Number: 323168

letter Dated June 272016 To Clerk of the CourtDocument ID Number: 323170

Amended Answer to Petition + Counterclaim Document iD Number: 323172
r~ilit("y Service Affidavit AFF: Affidavit (Generic)
Plaintiffs Motion for Summary Judgment MOT: Summary Judgment
Scheduling OrderDocument lD Number: 323998
Letter Dated July 7th 2016 to C!erk of the Court:Document ID Number: 324258
Objection to Proposed Scheduling Order-Document 10 Number: 324259

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 Case 2:18-cv-02064-CM-TJJ Document 11-2 Filed 06/01/18 Page 4 of4
5131i2018 Case Summary

Second Amended Answer to Petition + Ccunterclaim Document iD Number: 324260

letter From Eric MautheDocument lD Number: 325920
Defendants Response to Plainirrs Motion for Summary Judgment Requesting Continuance or Extension of Time to Respond Under
KSA 60-256(f) with Affidavit IncorporatedDocument 10 Number: 325921
Plaintiffs ~10tion to Dismiss Counterclaims MOT: Dispositive
Plaintiffs ~lemorandum in Support of Htn to Dismiss Counterdairn INF: i~lerncrandum
Request for Statement of Monetary Damages ~10T: ~lotion (Generic)
Certificate of Service INF: Information (Generic)
t~otion For Sanctions and Request For Oral ArgumenlsDocument ID Number: 328471
Motion To Determine the Nature and cause of SUmmons and Request For Oral ArgumentsDocument ID Number: 326+73
Defendant's Response to Plaintiff's Motion to Dismiss Defendant Eric Muathe's Counterclaims and Request for Oral
ArgumentsDocument 10 Number: 329154
Notice of Withdrawl of Counsel And Entry of Appearance .)[ Substituted CounselDocument 10 Number: 3293-13
1'10000 for Extension of Time MOT: Notion (Generic)
Response To Plaintiff's Request For Statement of 1'1onetary Damages And Request for Oral ArgumentsDocument LD Number: 329637
Notice Of HearingDocument !D Number: 330982
Motion for Extension of Time to Answer or Otherwise Respond to Discovery Request MOT: Motion (Generic)
l'lotion to Amend Scheduling Order MOT: Notion (Generic)
Plaintifi"s Second Notion for Extension of Time to Answer or Otllerwise Respond MOT: Motion (Generic)
Order Granting Motion for Extension of Time ORD: Order - No Service Required
Order Granting Extension of TIme to Respond to Discovery Requests ORD: Order - No Service Required
Order Granting Second Moricn for Extension of Time to Answer or Othenvise Respon ORO: Order - No Service Required
Amended Sched~Jing Order ORO: Order - No Service Requireo
Plaintiffs Unopposed Third Notion for Extension of TIme to Answer or Otherwise MOT: ~lotion (Generic)
Amended Assignment Order ORO: Order Originated by Judge
Order Granting Extension of TIme to Respond ORO; Order - No Service Required
Certificate of service DIS: Discovery (Generic)
Plaintiff's Unopposed ~1otion to Amend the October 0, 2016, Scheduling Order ~lOT: f"iotion (Generic)
Second Amended Scheduling Order ORD: Order (Generic)
Certificate of Service DlS: Discovery (Generic)
Motion To Strike All of Plaintiff's Out of Time Second Discovery Responsespocurnent ID Number: 356658
Notice of Hearing NOT: Notice - No Sherif, Service Required
Motion to Compel Response to Discovery Document ID Number: 367924
Plaintiffs Response to Defendant's Motion to Compel MOT: Response
Defendants Objection to Proposed Order Document ID Number: 372850
Notice of Withdrawal of Counsel and Entry of Appearance of Substituted Counsel NOT: Notice - No Sheriff Service Required
Motion to Amend Scheduling Order MOT: Motion (Generic)
Arnenoeo Scheduling Order ORD: Order (Generic)
Defendant's Response to Plaintiff's ~lotion To Amend Scheduling OrderDocuJr.oent ID Number: 395135
Motion to Amend Scheduling Order ~10T: I'lotion (Generic)
Proposed Second Amended Scheduling Order ORO: Order (Generic)
!. Proposed Second Amended Scheduling Order ORO: Order (Generic)
Plaintiff Wilmington Trusts Motion for Summary Judgment on Muathe's Counterclalm MOT: Summary Judgment
PlaintiWs Memo in Support of its r'lotion for Summary Judgment iNF: MemorandUm
PoiNF: Exhibit
B INF: Exhibit
C INF: Exhibit
D IN F: Exhibit
E INF: Exhibit
F INF: Exhibit

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 L ~HROP
GAGE
2345 GRAND BOULEVARD, SUITE 2200
KANSAS CITY, MO 64108-2618

ERIC MUATHE
1410 BITNER TERRACE
PITTSBURG, KS 66762