Gilligan et al v. Kanive et al

Filing 16

ORDER denying 12 Motion for Extension of Time; denying 13 Motion to Compel and granting 15 Motion to Amend signed by Magistrate Judge J Richard Creatura. The new scheduling order is as follows: Discovery completed by 8/12/2011, Dispositive motions due by 9/9/2011, Joint Status Report due by 1/14/2012. (MET) cc: Plaintiffs

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EDWARD PAUL GILLIGAN et al.,
CASE NO. C11-5061BHS/JRC
Plaintiff,

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ORDER ON PENDING MOTIONS
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v.

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ROBERTA F. KANIVE, et al.,
Defendants.

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This civil rights action has been referred to the undersigned Magistrate Judge pursuant to

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28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Magistrate Judge Rules MJR 1, MJR 3,

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and MJR 4. The matter is before the court on three interrelated motions (ECF No. 12, 13, and

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15).

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The first motion is a request by one plaintiff, Mr. Hargrove, to stay the action for sixty
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days (ECF No. 12). Mr. Hargrove has not shown the court that his motion was served on the

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other plaintiffs, or defense counsel. Therefore court cannot entertain the motion at this time. All

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papers should contain a certificate of service showing the court who has been served. The

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motion is denied. Mr. Hargrove also asks what court action was taken on a request to drop the

ORDER - 1

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federal claims in the complaint and return the case to state court. The request to drop the federal

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claim was denied without prejudice (ECF No. 11). The case remains in federal court.

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Two other pending motions are noted to be heard in the near future; one is a motion to
compel discovery, and the other is a response and request regarding scheduling (ECF No. 13 and

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15).

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The motion to compel is denied because it was filed prior to the parties meeting and

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conferring. The motion was filed March 28, 2011, (ECF No. 12). The parties conferred April 5,

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2011 (ECF No. 14, page 2 ¶ 2). Local Rule 37 (a) (1) (B) mandates a meeting prior to filing a

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motion to compel. Further, the motion sought free copies of medical records and other
documents. A grant of in forma pauperis status does not give plaintiffs a right to have documents

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copied at government expense. In re Richard, 914 F.2d 1526 (6th Cir. 1990).
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The final motion is a request to extend the scheduling dates in this case (ECF No. 15).

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Counsel indicates in her affidavit regarding discovery (ECF No. 14) that she agreed to an

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extension of the dates and she has filed a motion to bring the matter to the court’s attention. As

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the matter appears to be agreed, there is no reason to wait until April 22 to hear the motion. The

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motion is granted. The new scheduling order is as follows:

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Discovery

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All discovery shall be completed by August 12, 2011. Service of responses to
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interrogatories and to requests to produce, and the taking of depositions shall be completed by

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this date. Federal Rule of Civil Procedure 33(b)(3) requires answers or objections to be served

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within thirty (30) days after service of the interrogatories. The serving party, therefore, must

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serve his/her interrogatories at least thirty (30) days before the deadline in order to allow the

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other party time to answer.

ORDER - 2

Motions

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Any dispositive motion shall be filed and served on or before September 9, 2011. The

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

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the Friday upon which the motion is to be noted upon the court's calendar. That date shall be the

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fourth Friday following filing of the dispositive motion. All briefs and affidavits in opposition to

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any motion shall be filed and served not later than 4:30 p.m. on the Monday immediately

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preceding the Friday appointed for consideration of the motion. If a party fails to file and serve

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timely opposition to a motion, the court may deem any opposition to be without merit. The party

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making the motion may file, not later than 4:30 p.m. on the Thursday immediately preceding the

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Friday designated for consideration of the motion, a response to the opposing party's briefs and

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affidavits. The documents must indicate in the upper right-hand corner the name of the
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magistrate judge to whom the documents are to be delivered.
If a motion for summary judgment is filed, it is important for the opposing party to note
the following:
A motion for summary judgment under Rule 56 of the Federal Rules of Civil
Procedure will, if granted, end your case.
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, deposition, 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.
Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998).

ORDER - 3

Joint Status Report

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Counsel and pro se parties are directed to confer and provide the court with a joint status
report by no later than January 14, 2012. The joint status report shall contain the following
information by corresponding paragraph numbers:

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A short and concise statement of the case, including the remaining legal and

factual issues to be determined at trial;
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A narrative written statement from each party setting forth the facts that will be

offered by oral or written documentary evidence at trial;
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A list of all exhibits to be offered into evidence at trial;

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A list of the names and addresses of all the witnesses each party intends to call

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along with a short summary of anticipated testimony of each witness.
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Whether the parties agree to arbitration or mediation under this district's

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arbitration program, and if so whether the arbitration will be final and conclusive or the right to

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trial de novo will be preserved (see Local Rule CR 39.1(d));

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Whether the case should be bifurcated by trying the liability issues before the

damages issues, or specially managed in any other way;
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Any other suggestions for shortening or simplifying the trial in this case;

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The date the case will be ready for trial, considering Local Rule CR 16 deadlines;

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The dates on which trial counsel are unavailable and any other complications to

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be considered in setting a trial date;

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Whether the trial will by jury or non-jury;

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The number of trial days required, and suggestions for shortening trial;

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ORDER - 4

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12.

The names, addresses, and telephone numbers of all trial counsel and

unrepresented (pro se) parties who intend to appear at trial.
If the parties are unable to agree on any part of the report, they may answer in separate
paragraphs. Separate reports are not to be filed. Plaintiff's counsel (or plaintiff, if pro se) will be

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responsible for initiating communications for the preparation of the joint status report.
Proof of Service & Sanctions

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All motions, pretrial statements and other filings shall be accompanied by proof that such
documents have been served upon counsel for the opposing party (or upon any party acting pro
se). The proof shall show the day and manner of service and may be by written acknowledgment
of service, by certificate of a member of the bar of this court, by affidavit of the person who

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served the papers, or by any other proof satisfactory to the court. Such proof of service shall
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accompany both the original and duplicates filed with the Clerk. Failure to comply with the

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provisions of this Order can result in dismissal/default judgment or other appropriate sanctions.

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The clerk’s office is directed to remove deadlines for ECF Nos. 12, 13, and 15 from the

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court calendar.

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DATED this 12th day of April, 2011.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER - 5