Auxier et al v. Frederick J Hanna & Associates PC et al

Filing 42

ORDER granting 36 Defendant Suttell & Hammer, P.S.'s Motion for Summary Judgment. Suttell & Hammer PS terminated, by Judge Marsha J. Pechman.(MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOSH AUXIER and COLEEN AUXIER,

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Plaintiffs,
v.

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CASE NO. C12-288MJP
ORDER GRANTING DEFENDANT
SUTTELL & HAMMER, P.S.’S
MOTION FOR SUMMARY
JUDGMENT

SUTTELL & HAMMER, P.S.;
FREDERICK J. HANNA &
ASSOCIATES, P.C.; NORTHSTAR
LOCATION SERVICES, LLC; and FIA
CARD SERVICES, N.A a/k/a BANK OF
AMERICA,

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Defendants.
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This matter comes before the Court on the motion for summary judgment filed by
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Defendant Suttell & Hammer, P.S. (“Suttell”). (Dkt. No. 36.) Having reviewed the motion and
the remaining record, and noting Plaintiffs’ failure to file any opposition, the Court GRANTS the

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motion.
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Suttell’s motion asserts that it did not violate the Fair Debt Collection Practices Act, 15
U.S.C. § 1692 et. seq., because it properly validated the Auxiers’ debt. (Dkt. No. 36 at 3.) The

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ORDER GRANTING DEFENDANT SUTTELL &
HAMMER, P.S.’S MOTION FOR SUMMARY
JUDGMENT- 1

1 motion also asserts that Suttell did not violate Washington’s Consumer Protection Act, RCW
2 19.86, because there is no evidence Suttell acted unfairly or deceptively, nor is there any proof of
3 the other elements of a CPA claim. (Id. at 4.)
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Suttell’s motion for summary judgment was filed on November 26, 2012. (Dkt. No 36.)

5 Pursuant to LCR 7(d)(3), Plaintiffs’ opposition brief was due on December 17, 2012. However,
6 Plaintiffs have filed no papers opposing Defendant’s motion. LCR 7(b)(2) explains that a party’s
7 failure to file papers in opposition to a motion may be considered an admission that the motion
8 has merit. Therefore, pursuant to LCR 7(b)(2), the Court deems Plaintiffs to have admitted that
9 the motion has merit, and the Court GRANTS Defendant Suttell’s motion. Plaintiffs’ claims
10 against Defendant Suttell are hereby DISMISSED with prejudice.
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The clerk is ordered to provide copies of this order to Plaintiff and to all counsel.

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Dated this 30th day of January, 2013.

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A

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Marsha J. Pechman
United States District Judge

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ORDER GRANTING DEFENDANT SUTTELL &
HAMMER, P.S.’S MOTION FOR SUMMARY
JUDGMENT- 2