Brennan v. Aston et al

Filing 285

ORDER RE-NOTING MOTIONS. The Court deems it appropriate to direct the clerk to RE-NOTE Defendants' third and fourth motions for summary judgment (dkt. ## 256 , 264 ) for April 17, 2020. Plaintiff may file response briefs to these motions by April 13, 2020, and Defendants may file reply briefs by the noting date. Signed by Hon. Michelle L. Peterson. **2 PAGE(S), PRINT ALL**(Ronald Brennan, Prisoner ID: 720430)(TH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 RONALD BRENNAN JR., Plaintiff, 9 10 11 12 Case No. 17-1928-JCC-MLP ORDER RENOTING MOTIONS v. ANTHONY ASTON, et al., Defendants. 13 14 This is a 42 U.S.C. § 1983 prisoner civil rights action. Currently pending are four 15 motions for summary judgment filed by Defendants. (Dkt. ## 236, 244, 256, 264.) Defendants 16 filed the first motion on October 31, 2019 (dkt. # 236), and Plaintiff timely filed a two-page 17 opposition, arguing that “[a]ll the evidence and argument has been submitted to this Court over 18 the last 22 months to prove my case” (dkt. # 240 at 2). On November 27, 2019, Defendants filed 19 their second motion for summary judgment. (Dkt. # 244.) Plaintiff did not file an opposition. 20 On December 18, 2019, the dispositive motions deadline, Defendants filed their third and 21 fourth motions for summary judgment, both of which were noted for January 10, 2020. (Dkt. ## 22 256, 264.) On January 15, 2020, Plaintiff filed a letter informing the Court that he had not 23 received Defendants’ motions and the supporting evidence until January 10, 2020, because the ORDER RENOTING MOTIONS - 1 1 law librarian was on vacation over the holidays. (Dkt. # 284 at 1-2.) He stated that due to his 2 many transfers 1, all his case files are in long-term storage in Everett, Washington, and that given 3 the cost of transporting his files, he plans to wait to request them until a trial is scheduled. (Id. at 4 2-3.) He further stated that he “filed all opposition [to the summary judgment motions] in my 5 initial filing and many documents that followed,” and he asked the Court to deny Defendants’ 6 motions based on “the volumes of document[s] already submitted . . . .” (Id. at 2, 4.) 7 Plaintiff does not specifically request an extension of time to oppose Defendants’ third 8 and fourth motions for summary judgment, but it is clear that he did not have an opportunity to 9 timely file an opposition due to the delay in receiving the documents. Accordingly, the Court 10 deems it appropriate to direct the clerk to RE-NOTE Defendants’ third and fourth motions for 11 summary judgment (dkt. ## 256, 264) for April 17, 2020. Plaintiff may file response briefs to 12 these motions by April 13, 2020, and Defendants may file reply briefs by the noting date. 2 13 14 The Clerk is directed to send copies of this order to the parties and to the Honorable John C. Coughenour. 15 Dated this 23rd day of March, 2020. A 16 17 MICHELLE L. PETERSON United States Magistrate Judge 18 19 20 21 22 23 1 On January 29, 2019, Plaintiff was transferred from the Snohomish County Jail to the Washington Corrections Center (“WCC”). (Dkt. # 189.) On February 22, 2019, he was transferred from the WCC to the King County Jail. (Dkt. # 198.) On July 23, 2019, he notified the Court that he had been transferred back to the WCC. (Dkt. # 229.) It appears he has remained at the WCC since then. 2 Defendants set forth basic requirements for opposing summary judgment motions in their Rand/Wyatt notices. (Dkt. ## 263, 279.) Federal Rule of Civil Procedure 56 provides additional information, including that the Court “need consider only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3). ORDER RENOTING MOTIONS - 2

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