Wilson et al v. JPMorgan Chase, N.A. et al

Filing 19

ORDER granting Defendants' 9 Motion for Summary Judgment signed by Judge Richard A Jones. (TH) (cc: Plaintiffs via first class mail)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN R. WILSON, a married man; et. al.,

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Plaintiff,

No.: 2:17-cv-00696-RAJ
ORDER

v.
JPMORGAN CHASE BANK, N.A.; et. al,

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Defendants.

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This matter comes before the Court on the motion for summary judgment by

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defendant Quality Loan Service Corp. of Washington (“Quality”) and McCarthy &

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Holthus, LLP (“M&H”) (collectively “Defendants”). Dkt. # 9. The Court extended

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Plaintiff’s deadline to respond to the motion to September 5, 2017. Dkt. # 18. However,

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Plaintiff did not file an opposition to the motion.

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Summary judgment is appropriate if there is no genuine dispute as to any material

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fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).

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The moving party bears the initial burden of demonstrating the absence of a genuine issue

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of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Where the moving

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party will have the burden of proof at trial, it must affirmatively demonstrate that no
Order
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reasonable trier of fact could find other than for the moving party. Soremekun v. Thrifty

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Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). On an issue where the nonmoving party

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will bear the burden of proof at trial, the moving party can prevail merely by pointing out

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to the district court that there is an absence of evidence to support the non-moving party’s

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case. Celotex Corp., 477 U.S. at 325. If the moving party meets the initial burden, the

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opposing party must set forth specific facts showing that there is a genuine issue of fact

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for trial in order to defeat the motion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250

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(1986). The court must view the evidence in the light most favorable to the nonmoving

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party and draw all reasonable inferences in that party’s favor. Reeves v. Sanderson

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Plumbing Prods., 530 U.S. 133, 150-51 (2000).
However, the court need not, and will not, “scour the record in search of a genuine

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issue of triable fact.” Keenan v. Allan, 91 F.3d 1275, 1279 (9th Cir. 1996); see also,

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White v. McDonnel-Douglas Corp., 904 F.2d 456, 458 (8th Cir. 1990) (the court need not

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“speculate on which portion of the record the nonmoving party relies, nor is it obliged to

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wade through and search the entire record for some specific facts that might support the

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nonmoving party’s claim”). The opposing party must present significant and probative

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evidence to support its claim or defense. Intel Corp. v. Hartford Accident & Indem. Co.,

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952 F.2d 1551, 1558 (9th Cir. 1991). Uncorroborated allegations and “self-serving

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testimony” will not create a genuine issue of material fact. Villiarimo v. Aloha Island Air,

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Inc., 281 F.3d 1054, 1061 (9th Cir. 2002); T.W. Elec. Serv. V. Pac Elec. Contractors

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Ass’n, 809 F. 2d 626, 630 (9th Cir. 1987).

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The only evidence that Plaintiff submits to prove his claims is his Complaint. Dkt.

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# 1-1 (Complaint). Plaintiff has not filed declarations, and it is unclear whether Plaintiff

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has pursued discovery of any kind in this matter. On the other hand, Defendants’ motion

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and accompanying documents sets forth facts and arguments showing that no genuine

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dispute of material fact exists as to Plaintiff’s Deed of Trust Act claims, Declaratory

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Judgment claim, negligence claim, civil conspiracy claim, FDCPA claim, and CPA claim

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as pled against Quality, nor is there such a dispute with regard to Plaintiff’s claims against
Order
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M&H.
For these reasons, the Court GRANTS Defendants’ motion. Dkt. # 9.

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DATED this 20th day of February, 2018.

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A

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The Honorable Richard A. Jones
United States District Judge

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Order
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