Grasso v. Wells Fargo Bank, N.A.

Filing 31

ORDER denying 16 Motion for Summary Judgment ; denying 17 Motion for Summary Judgment. In light of this ruling, TAKE NOTICE that this matter shall be set for docket call on Monday, July 10, 2017.1 A pretrial conference w ill take place during docket call on Monday, July 10, 2017, at 9:00 a.m. in Courtroom #1-1 of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte, North Carolina, 28202. Accordingly, the parties joint pretrial submissionsas set forth in the Case Management Order for this caseshall be due Friday, June 30, 2017. See Doc. No. 6. Jury selection will take place on Tuesday, July 11, 2017.. Signed by Chief Judge Frank D. Whitney on 6/7/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00588-FDW
CHERYL GRASSO,
Plaintiff,
vs.
WELLS FARGO BANK, N.A.,
Defendant.

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ORDER
and
NOTICE OF HEARING

THIS MATTER is before the Court on Defendant’s Motion for Summary Judgment (Doc.
No. 17), which has been fully briefed by the parties (Docs. No. 18, 22, 23, 24, 25-1, 27). After
reviewing the pleadings, exhibits thereto, and applicable law, the Court has determined that oral
argument would not aid the decisional process in this matter.
Based on the record before the Court, it DENIES Defendant’s motion for summary
judgment (Doc. No. 17) as to both of Plaintiff’s claims. Defendant has failed to establish there is
no genuine issue as to any material fact and that Defendant is entitled to judgment as a matter of
law. Fed. R. Civ. P. 56(a). In short, Defendant’s arguments in support of summary judgment rest
on credibility determinations of witnesses and the weighing of evidence, which the Court cannot
do at this stage. “Credibility determinations, the weighing of the evidence, and the drawing of
legitimate inferences from the facts are jury functions, not those of a judge . . . ruling on a motion
for summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986).
In light of this ruling, TAKE NOTICE that this matter shall be set for docket call on
Monday, July 10, 2017.1 A pretrial conference will take place during docket call on Monday, July

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The Court notes that its mixed trial term for July was moved from July 3, 2017, to July 10, 2017, after issuance of
the Case Management Order in this case. Counsel and the parties should take note of the new date for docket call.

10, 2017, at 9:00 a.m. in Courtroom #1-1 of the Charles R. Jonas Federal Building, 401 W. Trade
Street, Charlotte, North Carolina, 28202. Accordingly, the parties’ joint pretrial submissions—as
set forth in the Case Management Order for this case—shall be due Friday, June 30, 2017. See
Doc. No. 6. Jury selection will take place on Tuesday, July 11, 2017.
IT IS SO ORDERED.

Signed: June 7, 2017