King v. Whatcom County Deputies et al

Filing 22

PRETRIAL SCHEDULING ORDER by Hon. Brian A Tsuchida. Discovery completed by 5/22/2017, Dispositive motions due by 6/21/2017, **4 PAGE(S), PRINT NEF ONLY**(Robert King, Prisoner ID: 353170) (PM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 ROBERT L. KING, 10 11 12 13 14 CASE NO. C16-1420JCC-BAT Plaintiff, 9 PRETRIAL SCHEDULING ORDER v. LT. STACH, et al., Defendants. Defendants have filed an Answer to plaintiff Robert L. King’s pro se Amended Complaint. The Court therefore ORDERS: 15 DISCOVERY 16 Discovery is the process by which one party asks another party to provide relevant 17 information about the case. A party need not file discovery requests or discovery materials with 18 the court unless the party is moving to compel, seeking a protective order, or is otherwise 19 supporting a motion. A party seeking discovery must serve a discovery request on the other 20 party. There are several ways to ask for discovery including: depositions in which one party asks 21 another person questions about the lawsuit; interrogatories in which written questions are served 22 on another party; and requests for production in which a written request to provide documents 23 PRETRIAL SCHEDULING ORDER - 1 1 relevant to the lawsuit is served on another party. See Rules 30, 33 and 34 of the Federal Rules 2 of Civil Procedure. 3 All discovery in this case must be completed by May 22, 2017. This includes serving 4 responses to interrogatory questions and requests for production, and the completion of all 5 depositions. Responses to interrogatory questions and requests for production must be served 6 not later than 30 days after service of the discovery requests. The serving party, therefore, must 7 serve his/her discovery requests no later than April 22, 2017 so that the responding party can 8 answer by the discovery cut-off. See Rules 33(b) and 34(b)(2) of the Federal Rules of Civil 9 Procedure. MOTIONS 10 11 A motion is a formal request that asks the Court to take certain action. All argument in 12 support of the motion must be set forth in the motion itself and not in a separate document. See 13 Local Rule CR 7(b)(1). Each motion, together with a proposed order, must be served on the 14 opposing party so that the opposing party has an opportunity to respond. In addition, each 15 motion must state in its caption, right below the motion’s title, a noting date. The noting 16 date is the date the Court will review your motion.  Note the following motions for the day they are filed: (1) stipulated or agreed motions; (2) motions to file over-length motions or briefs; (3) motions for reconsideration; (4) joint submissions pursuant to the optional procedure established in CR 37(a)(1)(B); (5) motions for default and default judgment; and (6) ex parte motions.  Note all other non-dispositive motions for the third Friday after filing and service of the motion.  17 Note all dispositive motions (dismissal and summary judgment) and motions for preliminary injunction for the fourth Friday after filing and service of the motion. See Local Rule CR 7(d) for complete rules on noting dates. 18 19 20 21 22 23 PRETRIAL SCHEDULING ORDER - 2 1 2 Any dispositive motion shall be filed and served on or before June 21, 2017. If a motion for summary judgment is filed, it is important for the opposing party to note the following: A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 3 4 Rule 56 tells you what you must do in order to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. 5 6 7 8 9 10 11 12 13 Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (emphasis added). Furthermore, Local 14 Rule CR 7(b)(2) states that a party’s failure to file necessary documents in opposition to a motion 15 for summary judgment may be deemed by the court to be an admission that the opposition is 16 without merit. 17 Defendants MUST serve Rand and Wyatt notices concurrently with motions to 18 dismiss and motions for summary judgment so that pro se prisoner plaintiffs will have fair, 19 timely and adequate notice of what is required of them in order to oppose those motions. 20 Woods v. Carey, 684 F3.d 934, 942 (9th Cir. 2012). The Ninth Circuit’s model language for 21 such notices is noted above. Defendants who do not file and serve, in a separate document, 22 the required Rand and Wyatt notices may face (a) immediate striking of their motions with 23 leave to refile and (b) possible monetary sanctions. PRETRIAL SCHEDULING ORDER - 3 1 2 3 4 5 JOINT PRETRIAL STATEMENT A Joint Pretrial Statement deadline will be established at a later date, pending the outcome of any motions for dismissal or summary judgment. PROOF OF SERVICE AND SANCTIONS All motions, pretrial statements, and other filings must be accompanied by proof that 6 such documents were served upon the opposing party’s lawyer or upon any party acting pro se. 7 The proof must show the day and manner of service and may be by written acknowledgment of 8 service, by certificate of a member of the bar of this court, by affidavit of the person who served 9 the papers, or by any other proof satisfactory to the court. 10 Failure to comply with the provisions of this Order can result in dismissal of the case or 11 other appropriate sanctions. The Clerk of Court is directed to send a copy of this Order to 12 plaintiff and to counsel for defendants. 13 DATED this 21st day of February, 2017. 14 A 15 BRIAN A. TSUCHIDA United States Magistrate Judge 16 17 18 19 20 21 22 23 PRETRIAL SCHEDULING ORDER - 4

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