Pacific County Tea Party et al v. Inslee et al

Filing 9

ORDER DIRECTING PLAINTIFFS TO FILE STATUS REPORT re summons forms. Status Report due by 8/13/2020. Signed by Hon. Brian A Tsuchida. (PM) cc: Plaintiffs via USPS on 8/6/2020

Case 2:20-cv-00971-RAJ-BAT Document 9 Filed 08/06/20 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PACIFIC COUNTY TEA PARTY, et al.,
Plaintiffs,

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CASE NO. 2:20-cv-00971-RAJ-BAT
ORDER DIRECTING PLAINTIFFS
TO FILE STATUS REPORT

v.
JAY INSLEE, et al.,
Defendants.

On June 16, 2020, Plaintiffs filed a complaint. On June 22, 2020, Plaintiff James

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O’Hagan filed proposed summonses. Dkt. 6. On June 23, 2020, the Clerk of Court advised

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Plaintiffs that their filing was deficient as a civil cover sheet was not filed and the summonses

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submitted were not in compliance with LCR 4 and Fed. R. Civ. P. 4 and cannot be issued. Dkt. 5.

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The Clerk provided a summons form and advised Plaintiffs that fillable summons forms can be

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found on the Court’s website. Id. On June 25, 2020, the Clerk of Court again advised Plaintiffs

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that their summonses were deficient. Dkt. 7. Plaintiffs have not corrected these deficiencies.

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Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 4(m), if a defendant is not

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served within 90 days after the complaint is filed, the court –on motion or on its own after notice

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to the plaintiff –must dismiss the action without prejudice against the defendant or order that

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service be made within a specified time. But, if the plaintiff shows good cause for the failure, the

ORDER DIRECTING PLAINTIFFS TO FILE
STATUS REPORT - 1

Case 2:20-cv-00971-RAJ-BAT Document 9 Filed 08/06/20 Page 2 of 2

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court must extend the time for service for an appropriate period.
Plaintiffs are responsible for submitting summonses in the proper format for issuance by

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the Clerk of Court. Plaintiffs are also responsible for having the summonses and complaint

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served within the time allowed by Rule 4(m) and must furnish the necessary copies (of the

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summonses and complaint) to the person who makes service. Fed. R. Civ. P. 4(c)(1).

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Accordingly, it is ORDERED that Plaintiffs shall provide the Court with a status report

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of its efforts to provide the correct summons forms by August 13, 2020. If Plaintiffs fail to do

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so, this action may be dismissed for failure to prosecute.

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DATED this 6th day of August, 2020.

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A

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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

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ORDER DIRECTING PLAINTIFFS TO FILE
STATUS REPORT - 2