Butler et al v. Great American RV Inc et al

Filing 35

ORDER granting 33 Motion for Partial Summary Judgment by GE Bank by Judge Franklin D. Burgess.(SPH)

1 2 3 4 5 6 7 8

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA No. 3:09-CV-05516 FDB ORDER GRANTING DEFENDANT GE MONEY BANK'S MOTION FOR PARTIAL SUMMARY JUDGMENT

CHARLES and L. ANN BUTLER, 9 husband and wife, and the marital community composed thereof, 10 Plaintiffs, 11 v. 12 GREAT AMERICAN RV, INC., a 13 Washington corporation; and AMERICAN STATES INSURANCE COMPANY, a 14 surety company; and GE MONEY BANK aka GENERAL ELECTRIC COMPANY; 15 and AMERICAN GUARDIAN WARRANTY SERVICES, an Illinois 16 corporation
17 18 19

Defendants.

This matter comes before this Court on a motion brought by Defendant, GE

20 MONEY BANK, requesting an order pursuant to FRCP 56(d)(2) and RCW 7.64.020 21 ordering Defendant, GREAT AMERICAN RV, INC., to immediately turn over 22 possession of a 2005 Monaco 40PDQ recreational vehicle to an authorized representative 23 of Defendant, GE MONEY BANK. 24

The Court, having considered Defendant's GE Money Bank's motion for partial

25 summary judgment, the Plaintiff having not responded and Defendant GREAT 26 AMERICAN RV, INC having no objection, finds that GE MONEY BANK is entitled to
ORDER OF PARTIAL SJ Page 1

1 its requested relief. 2 3 4 5 6

ACCORDINGLY; IT IS ORDERED:
Defendant GE Money Bank's motion for partial summary judgment is hereby GRANTED as follows:

1.

Plaintiffs are in breach of the Retail Installment Contract and Security

7 Agreement ("Agreement") dated May 21, 2005 which covered a 2005 Monaco 40PDQ 8 recreational vehicle, VIN number 1RF43564352035135. 9

2.

Defendant, GE MONEY BANK, has met all of the prerequisites set out in

10 RCW 7.64.020. 11

3.

Defendant, GREAT AMERICAN RV, INC., shall consequently turn over of the
2005 Monaco 40PDQ recreational vehicle, VIN number

12 possession

13 1RF43564352035135, to an authorized representative of defendant, GE MONEY BANK, 14 within seven (7) days from the date of this Order. 15 16 17 18 19 20 21 22 23 24 25 26
ORDER OF PARTIAL SJ Page 2

Dated this 9th day of November, 2009.

A

FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE