Chen et al v. City of Redmond

Filing 10

ORDER RE: REQUESTS TO EXTEND DEADLINES AND FOR COURT APPOINTED COUNSEL; plaintiffs' motion to extend deadlines is granted in part; FRCP 26(f) conf ddl set for 6/16/17, initial disclosure ddl set for 6/23/17, JSR due 6/30/17; regarding plaintiffs' motion for court appointed counsel, additional documents due by 5/31/17; plaintiffs' 9 MOTION to Appoint Counsel is renoted for 6/9/17 by Judge Ricardo S Martinez. (RS) cc plaintiffs

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  1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 13 SUSAN CHEN AND NAIXIANG LIAN, Plaintiffs, v. CITY OF REDMOND, Case No. C17‐569‐RSM    ORDER RE: REQUESTS TO EXTEND  DEADLINES AND FOR COURT‐ APPOINTED COUNSEL    14 15 Defendant. 16 This matter comes before the Court on Plaintiff Susan Chen’s Motion requesting an 17 extension of certain deadlines and requesting court-appointed counsel. Dkt. #9. This Motion 18 was filed without a noting date. 19 The Court will first address Ms. Chen’s request to extend the deadlines for the Rule 20 21 26(f) Conference, Initial Disclosures, and Joint Status Report. Id. at 1. Ms. Chen presents a 22 doctor’s note indicating that she suffers from a subconjunctival hemorrhage caused by stress 23 and recommending that she reduce her stress for the next 1-3 weeks. Id. at 5. The Court will 24 grant this request and extend each of these deadlines by one month as stated below. 25 The Court will next address Ms. Chen’s request for court-appointed counsel. Ms. Chen 26 27 28 states that she “was found indigent by order of Washington Superior court in Feb 2014, and was represented by King County Office of Public Defense,” and that she “continues to lack ORDER RE: REQUESTS TO EXTEND DEADLINES AND FOR COURT‐APPOINTED  COUNSEL ‐ 1    1 sufficient funds to seek review in this case.” Id. at 2. Ms. Chen provides no other evidence 2 that she cannot afford to hire an attorney in this matter. The Court finds that Plaintiffs’ request 3 lacks information that is necessary for the Court’s review as stated below. The Court will 4 allow Plaintiffs to submit this information and note this portion of the Motion for consideration 5 6 7 8 9 10 at a later date. Having reviewed the relevant briefing and the remainder of the record, the Court hereby finds and ORDERS: 1) Plaintiff’s Motion to Extend Deadlines, Dkt. #9, is GRANTED in relevant part. The new deadlines are as follows: 11 12 a. FRCP 26f Conference Deadline: 6/16/2017 13 b. Initial Disclosure Deadline: 6/23/2017 14 c. Joint Status Report Due: 6/30/2017 15 16 2) Plaintiffs’ Motion for court-appointed counsel lacks certain information that is necessary for the Court’s review. The Court therefore REQUESTS the following 17 18 19 20 21 from Plaintiffs no later than Wednesday, May 31, 2017: a. a copy of the Feb 2014 Washington Superior Court Order finding Ms. Chen indigent; b. a signed and sworn declaration from one or more of the Plaintiffs with the 22 23 24 25 26 27 following: i. evidence of income, assets, and expenses, or otherwise explaining how they lack sufficient funds to retain counsel; ii. evidence of any previous attempts to hire an attorney in this matter. c. The Court does not need bank statements or other records from Plaintiffs. 28 ORDER RE: REQUESTS TO EXTEND DEADLINES AND FOR COURT‐APPOINTED  COUNSEL ‐ 2    1 2 3 4 3) The Court DIRECTS the Clerk to note Plaintiffs’ Motion for Court Appointed Counsel, Dkt. #9, for consideration on June 9, 2017. 4) The Court DIRECTS the Clerk to mail a copy of this Order to Plaintiffs at PO BOX 134, REDMOND, WA 98073. 5 6 7 DATED this 16 day of May 2017. 8 9 10 11 12 A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE: REQUESTS TO EXTEND DEADLINES AND FOR COURT‐APPOINTED  COUNSEL ‐ 3 

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