Elmore v. Washington State Department of Corrections et al

Filing 18

ORDER granting 16 Motion for Extension of Time to Complete Discovery: Discovery completed by 8/8/2014, and Dispositive motions due by 10/3/2014. The parties are advised that a due date for filing a Joint Pretrial Statement may be established at a later date pending the outcome of any dispositive motions. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ROBERTA ELMORE, 11 12 13 14 15 Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, WASHINGTON CORRECTIONS CENTER FOR WOMEN, STEVEN HAMMOND, KENNETH TAYLOR, JEFF PERRY, PAM SAARI, DR. COLTER, CASE NO. C13-5946 RJB-JRC ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF DISCOVERY AND SETTING A REVISED SCHEDULING ORDER 16 Defendants. 17 18 The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States 19 Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. § 20 636(b)(1)(A) and (B), and Magistrate Judge Rules MJR3 and MJR4. 21 Plaintiff asks the Court for sixty additional days to conduct discovery (Dkt. 16). Plaintiff 22 asserts that she has had trouble getting medical records from the Washington State Department 23 of Corrections (id.). 24 ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF DISCOVERY AND SETTING A REVISED SCHEDULING ORDER - 1 1 Defendants state that they do not oppose the request, as long as all other deadlines are 2 also moved back (Dkt. 17). Since the motion is unopposed, the Court need not wait for the June 3 13, 2014, noting date. 4 The Court grants plaintiff’s request. 5 (1) 6 All discovery shall be completed by August 8, 2014. Service of responses to Discovery 7 interrogatories and to requests to produce, and the taking of depositions, shall be completed by 8 this date. Federal Rule of Civil Procedure 33(a) requires answers or objections to be served 9 within thirty (30) days after service of the interrogatories. The serving party, therefore, must 10 serve his/her interrogatories at least thirty (30) days before the deadline in order to allow the 11 other party time to answer. 12 (2) 13 Any dispositive motion shall be filed and served on or before October 3, 2014. Pursuant Dispositive Motions 14 to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of 15 the motion itself and not in a separate document. The motion shall include in its caption 16 (immediately below the title of the motion) a designation of the date the motion is to be noted for 17 consideration upon the Court’s motion calendar. Dispositive motions shall be noted for 18 consideration on a date no earlier than the fourth Friday following filing and service of the 19 motion. LCR 7(d)(3). 20 All briefs and affidavits in opposition to any motion shall be filed and served pursuant to 21 the requirements of Rule 7 of the Federal Rules of Civil Procedure and LCR 7. The party 22 making a motion may file and serve a reply to the opposing party’s briefs and affidavits. Any 23 24 ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF DISCOVERY AND SETTING A REVISED SCHEDULING ORDER - 2 1 reply brief shall also be filed and served pursuant to the requirements of Rule 7 of the Federal 2 Rules of Civil Procedure and LCR 7. 3 Defendants are reminded that they MUST serve Rand notices, in a separate document, 4 concurrently with motions to dismiss and motions for summary judgment so that pro se prisoner 5 plaintiffs will have fair, timely and adequate notice of what is required of them in order to 6 oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit 7 has set forth model language for such notices: 8 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 9 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, depositions, 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. 10 11 12 13 14 15 16 17 18 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added. Defendants who fail to 19 file and serve the required Rand notices on the plaintiff may have their motion stricken from the 20 Court’s calendar with leave to re-file. 21 (3) Joint Pretrial Statement 22 The parties are advised that a due date for filing a Joint Pretrial Statement may be 23 established at a later date pending the outcome of any dispositive motions. 24 ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF DISCOVERY AND SETTING A REVISED SCHEDULING ORDER - 3 1 (4) Proof of Service and Sanctions 2 All motions, pretrial statements and other filings shall be accompanied by proof that such 3 documents have been served upon counsel for the opposing party or upon any party acting pro 4 se. The proof of service shall show the day and manner of service and may be by written 5 acknowledgment of service, by certificate of a member of the bar of this Court, by affidavit of 6 the person who served the papers, or by any other proof satisfactory to the Court. Failure to 7 comply with the provisions of the Order can result in dismissal/default judgment or other 8 appropriate sanctions. 9 (5) The Clerk of Court is directed to send a copy of this Order to plaintiff and to 10 counsel for defendants. 11 Dated this 10th day of June, 2014. A 12 13 J. Richard Creatura United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING PLAINTIFF’S MOTION FOR AN EXTENSION OF DISCOVERY AND SETTING A REVISED SCHEDULING ORDER - 4

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