Canty v. King County et al

Filing 87

PRETRIAL SCHEDULING ORDER by Hon. James P. Donohue. Discovery completed by 11/13/2017, Dispositive motions due by 12/13/2017. (PM) cc: plaintiff via the U.S. Mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KYLE LYDELL CANTY,
Plaintiff,

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Case No. C16-1655-RAJ-JPD

v.
PRETRIAL SCHEDULING ORDER
CITY OF SEATTLE, et al.
Defendants.

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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Defendants have now

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filed an answer to plaintiff’s second amended complaint. Accordingly, the Court hereby

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establishes the following pretrial schedule:

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(1)

Discovery

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All discovery shall be completed by November 13, 2017. Service of responses to

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interrogatories and to requests for production, and the taking of depositions, shall be completed

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by this date. Federal Rule of Civil Procedure 33(a) requires answers or objections to be served

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within thirty (30) days after service of the interrogatories. The serving party, therefore, must

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PRETRIAL SCHEDULING ORDER
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serve his/her interrogatories at least thirty (30) days before the deadline in order to allow the

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other party time to answer.

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(2)

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Any dispositive motion shall be filed and served on or before December 13, 2017.

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Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a

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part of the motion itself and not in a separate document. The motion shall include in its caption

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(immediately below the title of the motion) a designation of the date the motion is to be noted for

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consideration upon the Court’s motion calendar. Dispositive motions shall be noted for

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consideration on a date no earlier than the fourth Friday following filing and service of the

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Dispositive Motions

motion. LCR 7(d)(3).
All briefs and affidavits in opposition to any motion shall be filed and served pursuant to

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the requirements of Rule 7 of the Federal Rules of Civil Procedure and LCR 7. The party

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making a motion may file and serve a reply to the opposing party’s briefs and affidavits. Any

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reply brief shall also be filed and served pursuant to the requirements of Rule 7 of the Federal

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Rules of Civil Procedure and LCR 7.

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Defendants are reminded that they MUST serve a Rand notice, in a separate document,

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concurrently with motions for summary judgment so that pro se prisoner plaintiffs will have fair,

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timely and adequate notice of what is required of them in order to oppose such motions. Woods

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v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth model language for

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such notices:

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A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.
Rule 56 tells you what you must do in order to oppose a motion for
summary judgment. Generally, summary judgment must be granted when

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PRETRIAL SCHEDULING ORDER
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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.

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Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). Defendants who fail to

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file and serve the required Rand notice on the plaintiff may have their motion stricken from the

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Court’s calendar with leave to re-file.

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(3)

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The parties are advised that a due date for filing a Joint Pretrial Statement may be

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Joint Pretrial Statement

established at a later date pending the outcome of any dispositive motions.

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(4)

Proof of Service and Sanctions

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All motions, pretrial statements and other filings shall be accompanied by proof that such

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documents have been served upon counsel for the opposing party or upon any party acting pro

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se. The proof of service shall show the day and manner of service and may be by written

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acknowledgment of service, by certificate of a member of the bar of this Court, by affidavit of

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the person who served the papers, or by any other proof satisfactory to the Court. Failure to

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comply with the provisions of the Order can result in dismissal/default judgment or other

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appropriate sanctions.

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PRETRIAL SCHEDULING ORDER
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(5)

The Clerk of Court is directed to send a copy of this Order to plaintiff and to

counsel for defendants.
Dated this 11th day of August, 2017.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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