Rhodes v. City of King County et al

Filing 22

PRETRIAL SCHEDULING ORDER denying as moot Plaintiff's 17 Motion for additional time to prepare for trial. Discovery completed by 11/17/2017, Dispositive motions due by 12/18/2017. Signed by Hon. James P. Donohue. (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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DARYL RHODES,
Plaintiff,

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Case No. C17-56-JLR-JPD
PRETRIAL SCHEDULING ORDER

v.
CITY OF KING COUNTY, et al.,
Defendants.

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This is a 42 U.S.C. § 1983 prisoner civil rights action. Defendants have filed an answer

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to plaintiff’s complaint. Plaintiff filed a motion requesting additional time to prepare for trial.

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Dkt. 17. Based on the foregoing, the Court finds and ORDERS:

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(1)

In requesting additional time to prepare for trial, it appears that plaintiff may have

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misunderstood the service order, which granted defendants 60 days in which to respond to the

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complaint if they filed a waiver of service. See Dkt. 17. Because the Court had not yet set a

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pretrial schedule at the time plaintiff filed his motion, and does so in this Order, plaintiff’s

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motion for extension of time, Dkt. 17, is DENIED as moot.

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PRETRIAL SCHEDULING ORDER - 1

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(2)

Discovery

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All discovery shall be completed by November 17, 2017. Service of responses to

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interrogatories and to requests to produce, and the taking of depositions, shall be completed by

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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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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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(3)

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Any dispositive motion shall be filed and served on or before December 18, 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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motion. LCR 7(d)(3).

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Dispositive Motions

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 Rand and Wyatt notices, in a separate

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document, concurrently with motions to dismiss and motions for summary judgment so that pro

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se prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in

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order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth

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Circuit has set forth model language for such notices:
A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.

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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.

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Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added); see Wyatt v. Terhune,

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315 F.3d 1108, 1120 n.14 (9th Cir. 2003) (extending the fair notice requirement to motions to

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dismiss for failure to exhaust administrative remedies). Defendants who fail to file and serve the

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required Rand and Wyatt notices on the plaintiff may have their motion stricken from the Court’s

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calendar with leave to re-file.

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(4)

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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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(5)

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

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Proof of Service and Sanctions

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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(6)

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

counsel for defendants.
Dated this 24th day of July, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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PRETRIAL SCHEDULING ORDER - 4