Wolfson v. Bank of America National Association et al

Filing 54

ORDER Denying Plaintiff's 53 Motion to Alter or Amend Judgment signed by Judge Benjamin H. Settle. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEREMY WOLFSON,

CASE NO. C17-6064 BHS

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Plaintiff,
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v.

ORDER DENYING PLAINTIFF’S
MOTION TO ALTER OR AMEND
JUDGMENT

BANK OF AMERICA NATIONAL
ASSOCIATION, et al.,

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Defendants.
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This matter comes before the Court on Plaintiff Jeremy Wolfson’s (“Wolfson”)
motion to amend judgment. Dkt. 53.

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On December 13, 2018, the Court granted Defendants Intercontinental Exchange,

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Inc., and Maroon Holding, LLC’s (“MERS Parent Corporations”) motion to dismiss and

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granted in part and denied in part Defendants Bank of America National Association

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(“Bank of America”), Merscorp Holdings, Inc. (“Merscorp”), and Mortgage Electronic

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Registration Systems, Inc.’s (“MERS”) motion to dismiss. Dkt. 52. On January 10,

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2018, Wolfson filed a motion to amend judgment. Dkt. 53.

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To the extent Wolfson’s motion is a motion to amend a judgment, the Court denies
the motion because the Court did not enter a judgment.

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ORDER - 1

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To the extent Wolfson intended to file a motion for reconsideration, the Court also

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denies the motion because it is untimely and without merit. Regarding the merits,

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Wolfson objects to the Court’s dismissal of his claim to quiet title. The Court, however,

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finds no manifest error in dismissing the claim when Wolfson failed to allege “he has

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paid the loan and is in peaceful possession of the property.” Dkt. 52 at 7.

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Wolfson also argues that the Court should have granted him leave to amend “so as

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to omit Defendant MTC FINANCIAL INC. D/B/A TRUSTEE CORPS, the only

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Washington corporation, so as to have jurisdiction under § 1332.” Dkt. 53 at 7.

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Wolfsons complaint, however, included claims for violations of federal statutes, which

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confers jurisdiction on the Court under 28 U.S.C. § 1331. Dkt. 1. Wolfson may

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voluntarily dismiss his remaining state law claims without prejudice if he does not want

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the Court to retain supplemental jurisdiction under 28 U.S.C. § 1367. The Court declines

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to dismiss sua sponte at this point in the proceeding because it is unclear the amount

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Wolfson seeks in damages for his remaining claims for defamation and replevin against

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the remaining diverse defendants. Regardless, the Court DENIES Wolfson’s motion to

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amend judgment.

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IT IS SO ORDERED.

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Dated this 14th day of January, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2