Wolfson v. Bank of America National Association

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 JEREMY WOLFSON, CASE NO. C17-6064 BHS 8 Plaintiff, ORDER DENYING PLAINTIFF’S 9 v. MOTION TO ALTER OR AMEND JUDGMENT 10 BANK OF AMERICA NATIONAL ASSOCIATION, et al., 11 Defendants. 12

13 This matter comes before the Court on Plaintiff Jeremy Wolfson’s (“Wolfson”) 14 motion to alter or amend judgment. Dkt. 96. 15 On July 6, 2020, the Court granted Defendants’ motions for summary judgment on 16 Wolfson’s remaining claims because Wolfson failed to submit any evidence in support of 17 the claims. Dkt. 94. On July 31, 2020, Wolfson filed the instant motion arguing that the 18 Court relied on unauthenticated evidence and should have taken the allegations in the 19 complaint as true. Dkt. 96. While allegations should be taken as true when considering 20 motions to dismiss a complaint, Wolfson faced a higher burden of submitting admissible 21 evidence when opposing Defendants’ motions for summary judgment. See Celotex Corp. 22 1 v. Catrett, 477 U.S. 317, 323 (1986) (“The moving party is entitled to judgment as a 2 matter of law when the nonmoving party fails to make a sufficient showing on an

3 essential element of a claim in the case on which the nonmoving party has the burden of 4 proof.”). Wolfson failed to meet this burden and fails to raise any issue that warrants 5 altering or amending the judgment. Therefore, the Court DENIES his motion. 6 IT IS SO ORDERED. 7 Dated this 31st day of August, 2020. A 8 9 BENJAMIN H. SETTLE 10 United States District Judge

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