United States District Court, W.D. Washington, at Tacoma
October 20, 2014
Federal National Mortgage Association, Plaintiff,
SUNG SOOK AHN and GREGORY S. TIFT, Defendants, and SUNG SOOK AHN and GREGORY S. TIFT, Counterclaimants,
FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., Counterdefendants.
ORDER GRANTING COUNTERDEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. # 30]
RONALD B. LEIGHTON, District Judge.
THIS MATTER is before the Court on Counterdefendant Everhome's' Motion for Summary Judgment [Dkt. # 30]. Everhome seeks dismissal of Ahn's and Tift's counterclaims against it. Ahn and Tift have not filed a Response. As it is permitted to do under Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986), Everhome points out that there is no evidence to support Plaintiffs' claims against them.
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 its case upon which it bears the burden of proof. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Ahn and Tift bear the burden of proof on each element of each of their counterclaims. Because Ahn and Tift failed to establish the existence of a material issue of fact on any of these elements and any of these claims, the Motion for summary judgment is GRANTED. All of Ahn and Tift's counterclaims are DISMISSED with prejudice.
It is not clear whether Everhome's initial unlawful detainer claim remains pending in this Court. The court will DISMISS that claim and CLOSE the case unless Everhome notifies the court that any claim remains pending within 10 days of this Order.
IT IS SO ORDERED.