Rhodes v. Deutsche Bank National Trust Company

Filing 38

ORDER: Denying as moot Motion to Strike 36 ; Denying Motion for Summary Judgment 18 ; Denying as moot Motion 21 . A pretrial conference will be held by telephone on 10/7/2013 at 10:30 a.m. The court will provide the parties with the necessary information to participate in the call. A bench trial will be held in Medford at 9:00 a.m. on 10/15/2013. Signed on 8/29/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
.RALPH RHODES,

)

No. 6:12-cv-01357-PA

)

Plaintiff,

)

ORDER

)

v.

)
)

DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for Long
Beach Mortgage Loan Trust,

)
)
)
)

Defendant.

)

PANNER, J.

Before the Court is Defendant's motion for summary judgment
(#18) and Plaintiff's motions to strike (#21, #36).

For the

reasons discussed below, the motions are DENIED.
Legal Standard

Summary judgment shall be granted when the record shows that
there is nd genuine dispute as to any material of fact and that
the moving party is entitled to judgment as a matter of law.

Fed

R. Civ. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. ·24·2,
247

(1986).

The moving party has the initial burden of showing

that no genuine issue of material fact exists.

1 - ORDER

Celotex Corp. V.

Catrett, 477 U.S. 317, 323 (1986); Devereaux v. Abbey, 263 F. 3d
1070, 1076 (9th Cir. 2001)

(en bane).

The court

~annat

weigh the

evidence or determine the truth but may only determine whether
there is a genuine issue of fact.
Welles~

279 F.3d 796, 800

Playboy Enters., Inc. v.

(9th Cir. 2002).

An issue of

f~ct

is

genuine "if the evidence is such that a reasonable jury could
return a verdict for the nonmoving party." Villiarimo v. Aloha
Island Air,

Inc., 281 F.3d 1054, 1061 (9th Cir. 2002) (quoting

Anderson, 477 U.S. at 248).
Discussion

I have carefully reviewed the pleadings 1 and declarations in
this matter and I conclude that there are genuine issues of
material fact in this case.

Summary judgment is therefore not

appropriate and Defendant's motion is DENIED.
Plaintiff's motions to strike are well taken, but even if I
consider the contested statements I still conclude that there are
genuine issues of material fact.

Plaintiff's motions to strike

are therefore DENIED as moot.
Conclusion

Defendant's motion for summary judgment (#18)

is DENIED.

Plaintiff's motions to strike (#21, #36) are DENIED as

moot~

A

pretrial conference shall be held by telephone on October 7, 2013

1

I direct the parties' attention to the recent decision of the
Ninth Circuit Court of Appeals in Corvello v. Wells Fargo Bank,
NA, Nos. 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8,
2013).
The circumstances in that case are similar in some, but
not all, respects to this case.
The holding of Corvello, in
addition to directly addressing some of the arguments made in the
parties' briefing, provides insight into the Ninth Circuit's
perspective on these matters.
2 - ORDER

at 10:30am.

The Court will provide the parties with the.

necessary information to participate in the call.

A bench trial

will be held in Medford at 9:00am on October 15, 2013.
IT IS SO ORDERED.
DATED this

7f'

day of August, 2013.

Owen M. Panner
United States District Judge

3 - ORDER