Wolfson v. Bank of America National Association

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

This matter comes before the Court on Plaintiff Jeremy Wolfson’s (“Wolfson”) motion to alter or amend judgment. Dkt. 96.

On July 6, 2020, the Court granted Defendants’ motions for summary judgment on Wolfson’s remaining claims because Wolfson failed to submit any evidence in support of the claims. Dkt. 94. On July 31, 2020, Wolfson filed the instant motion arguing that the Court relied on unauthenticated evidence and should have taken the allegations in the complaint as true. Dkt. 96. While allegations should be taken as true when considering motions to dismiss a complaint, Wolfson faced a higher burden of submitting admissible evidence when opposing Defendants’ motions for summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (“The moving party is entitled to judgment as a matter of law when the nonmoving party fails to make a sufficient showing on an essential element of a claim in the case on which the nonmoving party has the burden of proof.”). Wolfson failed to meet this burden and fails to raise any issue that warrants 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 BENJAMIN H. SETTLE United States District Judge