Linderman v. Cedeno et al

Filing 49

ORDER DIRECTING SERVICE by 1st Class Mail; mailed on 11/4/11 to Defendants Brunson and Miller; General Order sent to Pltf. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARRETT LINDERMAN,

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Plaintiff,
No. C10-5897 RBL/KLS

v.
RUBEN CEDENO, DEVON SCHRUM,
KAREN BRUNSON, TAMARA
ROWDEN, CAIN (FNU), SMITH
(FNU), CARROLL RIDDLE, T.
SCHNEIDER, McTARSNEY (FNU),
PALMER (FNU), MOSELY (FNU),
WINTERS (FNU), ASHTON (FNU),
NESBITT (FNU), MOHN (FNU),
MILLER (FNU), JANE/JOHN DOES,
and L. SCHNEIDER,
Defendants.

ORDER DIRECTING SERVICE OF
DEFENDANTS BRUNSON AND MILLER

Pursuant to Court Order, Defendants have submitted last known addresses for Defendants

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Karen Brunson and Otto Miller. ECF No. 48. These addresses have been provided UNDER

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SEAL. Accordingly, the Clerk is directed to serve these Defendants without reference to their

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addresses in the Court’s record. Accordingly, it is ORDERED:

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(l)

Service by Clerk

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The Clerk is directed to send the following to Defendants Karen Brunson and Otto Miller

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by first class mail: a copy of Plaintiff’s Complaint, a copy of this Order, two copies of the Notice

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of Lawsuit and Request for Waiver of Service of Summons, a Waiver of Service of Summons,

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and a return envelope, postage prepaid, addressed to the Clerk’s Office. Any reference to the

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addresses of Defendants Brunson and Miller shall be filed under seal.
ORDER - 1

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(2)

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Defendants shall have thirty (30) days within which to return the enclosed waiver of

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Response Required

service of summons. A defendant who timely returns a signed waiver shall have sixty (60) days
after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a

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

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summons and complaint, and may be required to pay the full costs of such service, pursuant to

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Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion

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permitted under Rule 12 within thirty (30) days after service.
(3)

Filing and Service by Parties, Generally

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

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electronically via the court’s CM/ECF system. Counsel are directed to the court’s website,
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www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.

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All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original

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with the Clerk. All filings, whether filed electronically or in traditional paper format, must

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indicate in the upper right hand corner the name of the Magistrate Judge to whom the document

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is directed.

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For any party filing electronically, when the total of all pages of a filing exceeds fifty

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(50) pages in length, a paper copy of the document (with tabs or other organizing aids as

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necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be

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clearly marked with the works “Courtesy Copy of Electronic Filing for Chambers.”

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Finally, any document filed with the court must be accompanied by proof that it has been
served upon all parties that have entered a notice of appearance in the underlying matter.
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(4)

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

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Motions

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

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Pursuant to amended Local Rule CR 7(b), any argument being offered in support of a motion
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shall be submitted as a part of the motion itself and not in a separate document. The motion

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shall include in its caption (immediately below the title of the motion) a designation of the

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date the motion is to be noted for consideration upon the court's motion calendar.

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In all instances where one of the parties to a lawsuit is incarcerated, all categories of nondispositive motions not listed in Local Rule CR 7(d)(1) must be noted for the third Friday after
the date of filing and service. This applies to all non-dispositive motions, even those which are

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normally (if none of the parties are incarcerated) permitted to be noted 7 judicial days after
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filing. See Local Rule CR 7(d)(2).
All dispositive motions shall be noted for consideration no earlier than the fourth Friday
following filing and service of the motion.

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(5)

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If one of the parties files a motion for summary judgment pursuant to Federal Rules of

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Motions for Summary Judgment

Civil Procedure 56, the opposing party should acquaint him/herself with Rule 56. Rule 56

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requires a nonmoving party to submit affidavits or other evidence in opposition to a motion for

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summary judgment if the moving party has shown the absence of issues of material fact and an

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entitlement to judgment as a matter of law. A nonmoving party may not rest upon the mere

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allegations or denials of prior pleadings. Rather, successful opposition to a motion for summary

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judgment requires the nonmoving party to set forth, through affidavits or other evidence, specific
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facts showing a genuine issue for trial. Failure by the nonmoving party to oppose a summary

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judgment motion or to present counter evidence could result in the court accepting the moving

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party’s evidence as the truth, and entering final judgment in favor of the moving party without a

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full trial. Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997).

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(6)

Direct Communications with District Judge or Magistrate Judge

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No direct communication is to take place with the District Judge or Magistrate Judge with
regard to this case. All relevant information and papers are to be directed to the Clerk.
(7)

Clerk’s Action

The Clerk is directed to send copies of this Order and of the General Order issued by the
Magistrate Judges to Plaintiff. The Clerk is further directed to send copies of this Order to the
Washington Attorney General’s Office.

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DATED this 3rd day of November, 2011.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 4