Owens v. John Doe et al

Filing 7

ORDER DIRECTING SERVICE BY EMAIL AND PROCEDURES by Hon. Brian A Tsuchida. Served by email on 7/11/17 to Daniel White; Timothy Thrasher; Christopher Bowman. **4 PAGE(S), PRINT ALL**(Mychal Owens, Prisoner ID: 878377)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 MYCHAL OWENS,

Plaintiff,

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Case No. 17-1027 JCC-BAT
ORDER DIRECTING SERVICE BY
E-MAIL AND PROCEDURES

v.

11 JOHN DOE, et al.,
Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this federal civil rights action.

14 The Court ORDERS as follows:
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(1)

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The Clerk is directed to send the following to Defendants Daniel White, Timothy

Service by Clerk

17 Thrasher, and Christopher Bowman by e-mail: copies of plaintiff’s complaint, this Order, the
18 Notice of Lawsuit and Request for Waiver of Service of Summons, and a Waiver of Service of
19 Summons.
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(2)

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Defendants shall have 30 days within which to return the enclosed waiver of service of

Response Required

22 summons. Any defendant who timely returns the signed waiver shall have 60 days after the date
23 designated on the notice of lawsuit to file and serve an answer to the complaint or a motion

ORDER DIRECTING SERVICE BY E-MAIL AND PROCEDURES - 1

1 permitted under Rule 12 of the Federal Rules of Civil Procedure.
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Any defendant who fails to timely return the signed waiver will be personally served with

3 a summons and complaint, and may be required to pay the full costs of such service, pursuant to
4 Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion
5 permitted under Rule 12 within 30 days after service.
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Defendants MUST serve a Rand notice concurrently with motions to dismiss based

7 on a failure to exhaust and motions for summary judgment so that pro se prisoner plaintiffs
8 will have fair, timely and adequate notice of what is required of them in order to oppose
9 those motions. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012). The Ninth Circuit set forth
10 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.

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Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (emphasis added).
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ORDER DIRECTING SERVICE BY E-MAIL AND PROCEDURES - 2

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Defendants who do not file and serve, in a separate document, the required Rand

2 notice will face (a) immediate denial of their motions with leave to re-file and (b) possible
3 monetary sanctions.
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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

6 electronically via the Court’s CM/ECF system. All non-attorneys, such as pro se parties and/or
7 prisoners, may continue to file a paper original with the Clerk. All filings, whether filed
8 electronically or in traditional paper format, must indicate in the upper right hand corner the
9 name of the Magistrate Judge to whom the document is directed.
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When an electronic filing exceeds 50 pages in length, a paper copy of the document (with

11 tabs or other organizing aids as necessary) shall be delivered to the Clerk’s Office for chambers.
12 The chambers copy must be clearly marked with the words “Courtesy Copy of Electronic Filing
13 for Chambers.” A party filing a paper original does not need to file a chambers copy.
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Additionally, any document filed with the Court must be accompanied by proof that it

15 has been served upon all parties that have entered a notice of appearance in this case.
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(4)

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Regarding the filing of motions before the Court, the parties are directed to review Local

Motions

18 Rule CR 7 in its entirety. A few important points are highlighted below:
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Any request for court action shall be set forth in a motion, properly filed and served.

20 Pursuant to Local Rule CR 7(b), any argument being offered in support of a motion shall be
21 submitted as a part of the motion itself and not in a separate document. The motion shall
22 include in its caption (immediately below the title of the motion) a designation of the date
23 the motion is to be noted for consideration upon the court’s motion calendar.

ORDER DIRECTING SERVICE BY E-MAIL AND PROCEDURES - 3

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In all instances where one of the parties to a lawsuit is incarcerated, all categories of

2 non-dispositive motions not listed in Local Rule CR 7(d)(1) must be noted for the third
3 Friday after the date of filing and service. See Local Rule CR 7(d)(2).
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All dispositive motions shall be noted for consideration no earlier than the fourth Friday

5 following filing and service of the motion.
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(5)

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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

8 regard to this case. All relevant information and papers are to be directed to the Clerk.
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(6)

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

10 Order to the Hon. John C. Coughenour.
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DATED this 11th day of July, 2017.

A

BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DIRECTING SERVICE BY E-MAIL AND PROCEDURES - 4