Hill v. King County Jail et al

Filing 14

PRETRIAL SCHEDULING ORDER Discovery completed by 8/15/2017, Dispositive motions due by 9/15/2017, by Hon. James P. Donohue. (RS) cc plaintiff

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 KEVIN JAMES HILL, Plaintiff, 9 10 11 Case No. C17-0042-RAJ-JPD v. PRETRIAL SCHEDULING ORDER KING COUNTY, et al. Defendants. 12 13 14 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Defendants have now 15 filed an answer to plaintiff’s amended complaint. Accordingly, the Court hereby establishes the 16 following pretrial schedule: 17 (1) Discovery 18 All discovery shall be completed by August 15, 2017. Service of responses to 19 interrogatories and to requests for production, and the taking of depositions, shall be completed 20 by this date. Federal Rule of Civil Procedure 33(a) requires answers or objections to be served 21 within thirty (30) days after service of the interrogatories. The serving party, therefore, must 22 23 PRETRIAL SCHEDULING ORDER PAGE - 1 1 serve his/her interrogatories at least thirty (30) days before the deadline in order to allow the 2 other party time to answer. 3 (2) 4 Any dispositive motion shall be filed and served on or before September 15, 2017. 5 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 6 part of the motion itself and not in a separate document. The motion shall include in its caption 7 (immediately below the title of the motion) a designation of the date the motion is to be noted for 8 consideration upon the Court’s motion calendar. Dispositive motions shall be noted for 9 consideration on a date no earlier than the fourth Friday following filing and service of the 10 11 Dispositive Motions motion. LCR 7(d)(3). All briefs and affidavits in opposition to any motion shall be filed and served pursuant to 12 the requirements of Rule 7 of the Federal Rules of Civil Procedure and LCR 7. The party 13 making a motion may file and serve a reply to the opposing party’s briefs and affidavits. Any 14 reply brief shall also be filed and served pursuant to the requirements of Rule 7 of the Federal 15 Rules of Civil Procedure and LCR 7. 16 Defendants are reminded that they MUST serve a Rand notice, in a separate document, 17 concurrently with motions for summary judgment so that pro se prisoner plaintiffs will have fair, 18 timely and adequate notice of what is required of them in order to oppose such motions. Woods 19 v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth model language for 20 such notices: 21 22 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 23 PRETRIAL SCHEDULING ORDER PAGE - 2 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. 1 2 3 4 5 6 7 8 9 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). Defendants who fail to 10 file and serve the required Rand notice on the plaintiff may have their motion stricken from the 11 Court’s calendar with leave to re-file. 12 (3) 13 The parties are advised that a due date for filing a Joint Pretrial Statement may be 14 Joint Pretrial Statement established at a later date pending the outcome of any dispositive motions. 15 (4) Proof of Service and Sanctions 16 All motions, pretrial statements and other filings shall be accompanied by proof that such 17 documents have been served upon counsel for the opposing party or upon any party acting pro 18 se. The proof of service shall show the day and manner of service and may be by written 19 acknowledgment of service, by certificate of a member of the bar of this Court, by affidavit of 20 the person who served the papers, or by any other proof satisfactory to the Court. Failure to 21 comply with the provisions of the Order can result in dismissal/default judgment or other 22 appropriate sanctions. 23 PRETRIAL SCHEDULING ORDER PAGE - 3 1 2 3 (5) The Clerk of Court is directed to send a copy of this Order to plaintiff and to counsel for defendants. Dated this 15th day of May, 2017. A 4 5 JAMES P. DONOHUE Chief United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRETRIAL SCHEDULING ORDER PAGE - 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?