United States of America et al v. Robinson Bros. Constr. Inc. et al

Filing 49

ORDER granting 46 Motion for Partial Summary Judgment by Judge Benjamin H Settle.(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 UNITED STATES OF AMERICA, 8 9 10 Plaintiff, v. ROBINSON BROS. CONSTR. INC., 11 CASE NO. C11-5357 BHS ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Defendant. 12 13 This matter comes before the Court on Defendants Mike Rakoz, Robinson Bros. 14 Constr. Inc., and Craig Sorenson’s (“Defendants”) motion for partial summary judgment 15 (Dkt. 46). 16 On May 9, 2011, the Government filed a complaint against Defendants asserting 17 numerous causes of action, including claims for negligent and intentional 18 misrepresentation. Dkt. 1. On July 17, 2013, Defendants filed a motion for summary 19 judgment on the misrepresentation claims. Dkt. 46. The Government failed to respond 20 which the Court considers an admission that Defendants’ motion has merit. Local Rule 21 CR 7(b)(2). 22 ORDER - 1 1 With regard to the merits of the motion, the Government has failed to meet its 2 burden. On an issue where the nonmoving party will bear the burden of proof at trial, the 3 moving party can prevail merely by pointing out to the district court that there is an 4 absence of evidence to support the non-moving party’s case. Celotex Corp. v. Catrett, 5 477 U.S. 317, 325 (1986). If the moving party meets the initial burden, the opposing 6 party must set forth specific facts showing that there is a genuine issue of fact for trial in 7 order to defeat the motion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). 8 In this case, Defendants have shown that there is an absence of evidence to 9 support the Government’s claims for negligent and intentional misrepresentation. Dkt. 10 46 at 7–11. The Government has failed to set forth specific facts showing that there is a 11 genuine issue of material fact for trial. Therefore, the Court GRANTS Defendants’ 12 motion. 13 IT IS SO ORDERED. 14 Dated this 21st day of August, 2013. A 15 16 BENJAMIN H. SETTLE United States District Judge 17 18 19 20 21 22 ORDER - 2

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