Lainez v. Renton Police

Filing 5

ORDER DIRECTING PERSONAL SERVICE BY UNITED STATES MARSHAL by Hon. James P. Donohue. Packet placed in US Marshals mailbox on 5/15/17. (cc: Renton Office of the City Attorney by USPS) (Attachments: # 1 Pro Se Instruction Sheet)**8 PAGE(S), PRINT ALL**(David Lainez, Prisoner ID: 361112)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 DAVID LAINEZ,

Plaintiff,

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CASE NO. C17-723-TSZ-JPD

v.

ORDER DIRECTING PERSONAL
SERVICE BY UNITED STATES
MARSHAL

11 RENTON POLICE,
Defendants.

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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding

15 with this action pro se. The Court, having reviewed plaintiff’s complaint, hereby ORDERS as
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(1)

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The United States Marshal shall personally serve the Renton Police Department by

Service by United States Marshal

19 delivering copies of the summons and complaint, and copies of this Order, to the Mayor of the
20 City of Renton in accordance with Rule 4(j)(2) of the Federal Rules of Civil Procedure. The
21 Clerk shall issue summons and assemble the necessary documents to affect this personal service.
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ORDER DIRECTING PERSONAL SERVICE
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(2)

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Within thirty (30) days after service, defendant(s) shall file and serve an answer or a

Response to Complaint

3 motion directed to the complaint, as permitted by Rule 12 of the Federal Rules of Civil
4 Procedure.
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(3)

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All attorneys admitted to practice before this Court are required to file documents

Filing and Service by Parties, Generally

7 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website,
8 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
9 All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original
10 with the Clerk. All filings, whether filed electronically or in traditional paper format, must
11 indicate in the upper right hand corner the name of the magistrate judge to whom the document
12 is directed.
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For any party filing electronically, when the total of all pages of a filing exceeds fifty

14 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as
15 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be
16 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”
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Any document filed with the Court must be accompanied by proof that it has been served

18 upon all parties that have entered a notice of appearance in the underlying matter.
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(4)

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Any request for court action shall be set forth in a motion, properly filed and served.

Motions, Generally

21 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
22 part of the motion itself and not in a separate document. The motion shall include in its caption
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ORDER DIRECTING PERSONAL SERVICE
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1 (immediately below the title of the motion) a designation of the date the motion is to be noted for
2 consideration upon the Court’s motion calendar.
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Stipulated and agreed motions, motions to file over-length motions or briefs, motions for

4 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2),
5 motions for default, requests for the clerk to enter default judgment, and motions for the court to
6 enter default judgment where the opposing party has not appeared shall be noted for
7 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions
8 shall be noted for consideration no earlier than the third Friday following filing and service of the
9 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier
10 than the fourth Friday following filing and service of the motion. Id.
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For electronic filers, all briefs and affidavits in opposition to either a dispositive or non-

12 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday
13 immediately preceding the date designated for consideration of the motion. If a party (i.e. a pro
14 se litigant and/or prisoner) files a paper original, that opposition must be received in the Clerk’s
15 office by 4:30 p.m. on the Monday preceding the date of consideration.
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The party making the motion may file and serve, not later than 11:59 p.m. (if filing

17 electronically) or 4:30 p.m. (if filing a paper original with the Clerk’s office) on the date
18 designated for consideration of the motion, a reply to the opposing party’s briefs and affidavits.
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(5)

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Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil

Motions to Dismiss and Motions for Summary Judgment

21 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
22 Procedure should acquaint themselves with those rules. As noted above, these motions shall be
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ORDER DIRECTING PERSONAL SERVICE
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1 noted for consideration no earlier than the fourth Friday following filing and service of the
2 motion.
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Defendants filing motions to dismiss or motions for summary judge are advised that they

4 MUST serve Rand notices concurrently with motions to dismiss for failure to exhaust
5 administrative remedies and motions for summary judgment so that pro se prisoner plaintiffs will
6 have fair, timely and adequate notice of what is required of them in order to oppose those
7 motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth
8 model language for 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.

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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.

19 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).
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Defendants who fail to file and serve the required Rand notices on plaintiff may have

21 their motion stricken from the Court’s calendar with leave to re-file.
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(6)

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No direct communication is to take place with the District Judge or Magistrate Judge with

Direct Communications with District Judge or Magistrate Judge

3 regard to this case. All relevant information and papers are to be directed to the Clerk.
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(7)

The Clerk is directed to send copies of this Order and of the Court’s pro se

5 instruction sheet to plaintiff. The Clerk is further directed to send a copy of this Order and a
6 courtesy copy of plaintiff’s complaint to the Office of the City Attorney in Renton by first-class
7 mail.
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Dated this 15th of May, 2017.

A

JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DIRECTING PERSONAL SERVICE
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