Gurtler v. Northwest Trustee Services Inc et al

Filing 2

ORDER granting 1 Motion for Leave to Proceed in forma pauperis; Clerk will mail service documents to plaintiff. Signed by Judge Ronald B. Leighton.(DN) Modified on 10/12/2011 (DN). (Copy mailed to plaintiff.)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BETSY GURTLER,
Case No. C11-5745RBL

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Plaintiff,

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v.
NORTHWEST TRUSTEE SERVICE, INC.,

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Defendant.

ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND DIRECTING
SERVICE BY THE CLERK

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THIS MATTER comes before this Court upon Plaintiff’s Application to Proceed In Forma
Pauperis.

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The Court has broad discretion in determining an application to proceed in forma pauperis.

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Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963). It appears that plaintiff

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is unable to pay the filing fee in this case; therefore the application to proceed in forma pauperis is

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GRANTED. The Clerk shall file plaintiff’s complaint.

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The Clerk shall send service forms to the plaintiff. The plaintiff shall return the service forms

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and the correct number of service copies of his complaint to serve each named defendant within 30

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days of entry of this Order. The service forms must be completely and accurately filled out. The

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failure to return to the Clerk the service forms and service copies of the complaint within 30 days of

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entry of this Order will result in the dismissal of plaintiff’s complaint.

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ORDER
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If the plaintiff returns the service forms and service copies of his complaint, the Clerk is directed
to effect service as provided below:

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(l)

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It is hereby ORDERED that the Clerk shall send the following to each named defendant for whom

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there is a filled out service form by first class mail: a copy of the complaint and of this Order, two copies

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

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Summons, and a return envelope, postage prepaid, addressed to the Clerk's Office. All costs of service

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shall be advanced by the United States.

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(2)

Service by Clerk.

Response Required

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

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Summons. Each defendant who timely returns the signed Waiver shall have sixty (60) days after the date

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designated on the Notice of Lawsuit to file and serve an answer or a motion directed to the complaint, as

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permitted by 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 a

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

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

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12 within thirty (30) days after service.

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(3)

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All original documents and papers submitted for consideration by the court in this case, are to be

Filing and Service by Parties, Generally.

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filed with the Clerk of this court. The originals of all such papers shall indicate in the upper right-hand

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corner the name of the Judge to whom the copies are to be delivered. The papers shall be accompanied

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by proof that such documents have been served upon counsel for the opposing party (or upon any party

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acting pro se). The proof shall show the day and manner of service and may be by written

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acknowledgment of service, by certificate of a member of the bar of this court, or by affidavit of the

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person who served the papers.

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(4)

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Any request for court action shall be set forth in a motion, properly filed and served. The motion

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Motions.

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

ORDER
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which the motion is to be noted upon the court's calendar. That date shall be as provided in the Court’s

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Local Rules. If a party fails to file and serve timely opposition to a motion, the court may deem any

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opposition to be without merit. The party making the motion may file, not later than 4:30 p.m. on the date

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

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(5) Motions for Summary Judgment

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

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

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

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if the moving party has shown the absence of issues of material fact and an entitlement to judgment as a

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matter of law. A nonmoving party may not rest upon the mere allegations or denials of prior pleadings.

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Rather, successful opposition to a motion for summary judgment requires the nonmoving party to set

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forth, through affidavits or other evidence, specific facts showing a genuine issue for trial. Failure by the

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nonmoving party to oppose a summary judgment motion or to present counter evidence could result in the

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Court accepting the moving party’s evidence as the truth, and entering final judgment in favor of the

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moving party without a full trial. Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997).

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(6)

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No direct communication is to take place with the District Judge or Magistrate Judge with regard

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Direct Communications with District Judge or Magistrate Judge

to this case. All relevant information and papers are to be directed to the Clerk.

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(7)

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

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DATED this 12th day of October, 2011.

Clerk's Action

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER
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