Griepsma v. Wend et al

Filing 11

ORDER TO SHOW CAUSE directing Defendants to show cause within 21 days of this order why default should not be entered against them in this action for failure to plead or otherwise defend. Counsel for defendants is directed to advise the Court as to the status of any effort to obtain an address for Rogers. Clerk directed to update docket with names as indicated on the waivers of service of summons. Signed by Hon. Mary Alice Theiler. (PM) cc: plaintiff via the USPS.

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JAMES D. GRIEPSMA, Plaintiff, 10 11 CASE NO. C16-1843-JLR-MAT v. ORDER TO SHOW CAUSE 12 CHARLIE WEND, et al., Defendants. 13 14 15 Plaintiff, proceeding pro se and in forma pauperis, submitted an amended 42 U.S.C. § 16 1983 civil rights complaint. (Dkt. 4.) On December 6, 2016, the Court docketed the complaint 17 and directed service on twenty named defendants. 18 submitted a Notice of Appearance. (Dkt. 6.) In December and early January 2016, nineteen 19 defendants submitted waivers of service of summons reflecting an answer to the amended 20 complaint would be filed within sixty days after December 7, 2016. (Dkts. 7, 9-10.) Defendants 21 have not, however, submitted an answer, or a motion permitted under Rule 12 of the Federal 22 Rules of Civil Procedure, within that timeframe. Accordingly, the Court does hereby ORDER as 23 follows: 24 25 26 ORDER PAGE - 1 (Dkts. 4-5.) Counsel for defendants 1 (1) Defendants shall SHOW CAUSE within twenty-one (21) days of the date on 2 which this Order is signed why default should not be entered against them in this action for 3 failure to plead or otherwise defend. 4 (2) The Court also seeks clarification from counsel for defendants. By letter dated 5 December 21, 2016, counsel indicated an ongoing attempt to locate two defendants who no 6 longer work for Skagit County in order to obtain acceptance of service. (Dkt. 7.) While one of 7 the individuals named on the letter subsequently submitted his waiver, the Court has not received 8 any waiver from or further information regarding defendant Brianna Rogers. 9 defendants is directed to advise the Court as to the status of any effort to obtain an address for 10 Rogers.1 Also, the Court presumes a returned waiver signed by Guillermo Fiaria (see Dkt. 10 at 11 3) is submitted in response to the only other named defendant – “Deputy Garcia” – who has not 12 yet submitted a waiver of service of summons. Counsel for defendants must promptly notify the 13 Court if that presumption is inaccurate. 14 (3) Counsel for The Clerk is directed to update the docket with the names as indicated on the 15 waivers of service of summons, and to send a copy of this Order to the parties and to the 16 Honorable James L. Robart. 17 DATED this 28th day of February, 2017. 18 A 19 Mary Alice Theiler United States Magistrate Judge 20 21 22 23 24 25 26 1 Plaintiff is advised that, ultimately, he bears the burden of providing addresses for defendants and that, without that information, service cannot be effectuated. Pursuant to Federal Rule of Civil Procedure 4(m), there is a 120-day time limit for service and, if a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. However, if plaintiff showed good cause for the failure, the court would extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). ORDER PAGE - 2

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