Vincent v. Stewart et al

Filing 52

ORDER by Magistrate Judge Karen L Strombom, Granting Plaintiff's 42 Motion for Extension of Time to Serve his Second Amended Complaint and Re-Setting the Pretrial Schedule Deadlines as follows: All discovery shall be completed by July 21, 2017; and any Dispositive Motions shall be filed and served on or before August 21, 2017. **5 PAGE(S), PRINT ALL**(Gail Vincent, Prisoner ID: 897422)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GAIL VINCENT,
Plaintiff,

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v.
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BELINDA STEWART, et al,
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Defendants.
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CASE NO. 3:16-cv-05023-RBL-KLS
ORDER GRANTING PLAINTIFF’S
MOTION FOR EXTENSION OF TIME
TO FILE HIS SECOND AMENDED
COMPLAINT AND RE-SETTING THE
PRETRIAL SCHEDULE DEADLINES

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This matter is before the Court on plaintiff’s filing of a motion for extension of time to

17 serve his second amended complaint on defendant Joe Williamson, as well as the deadlines set
18 forth in the Court’s pretrial scheduling order. Dkt. 42. In a separate order dated the same date
19 herewith, the Court has ordered service of the complaint on defendant Williamson by the United
20 States Marshal.
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Defendants do not oppose plaintiff’s request for an extension of time for service of the

22 complaint on defendant Williamson. Dkt. 43. Accordingly, the time for serving the complaint on
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ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE HIS
SECOND AMENDED COMPLAINT AND
RE-SETTING THE PRETRIAL SCHEDULE
DEADLINES - 1

1 defendant Williamson hereby is extended ninety (90) days from the date of this order. Federal
2 Rules of Civil Procedure 4(m).
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Defendants do oppose, however, plaintiff’s request to extend the discovery deadline for

4 all defendants except for defendant Williamson. They state that plaintiff “has been quite active in
5 serving discovery thus so far,” and that he “has put forth no special need or relevant authority
6 which would justify extending discovery related to the parties who have already appeared in this
7 matter.” Dkt. 43, pp. 2-3. Thus, defendants request that any extension of the discovery deadline
8 “be narrowly tailored to relate only to” defendant Williamson. Id. at p. 2.
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Plaintiff does not contest defendants’ assertion regarding the extent of discovery he has

10 engaged in so far. Nor has he indicated any particular need for further discovery related to any of
11 the defendants who have appeared in this matter. Accordingly, any discovery conducted past the
12 original discovery deadline of January 20, 2017, shall be limited to defendant Williamson, except
13 to the extent good cause is shown for enlarging the scope of discovery based on discovery that is
14 obtained with respect to defendant Williamson. Likewise, any dispositive motions filed after the
15 original dispositive motion deadline of March 17, 2017, shall be limited to issues concerning or
16 relating to defendant Williamson, unless good cause is shown for expanding the scope thereof to
17 other defendants based on the additional discovery.
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The Court therefore hereby further orders as follows:

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(1)

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All discovery shall be completed by July 21, 2017. Service of responses to

Discovery

21 interrogatories and to requests to produce, and the taking of depositions, shall be completed by
22 this date. Federal Rule of Civil Procedure 33(a) requires answers or objections to be served
23 within thirty (30) days after service of the interrogatories. The serving party, therefore, must
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE HIS
SECOND AMENDED COMPLAINT AND
RE-SETTING THE PRETRIAL SCHEDULE
DEADLINES - 2

1 serve his/her interrogatories at least thirty (30) days before the deadline in order to allow the
2 other party time to answer.
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(2)

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Any dispositive motion shall be filed and served on or before August 21, 2017. Pursuant

Dispositive Motions

5 to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of
6 the motion itself and not in a separate document. The motion shall include in its caption
7 (immediately below the title of the motion) a designation of the date the motion is to be noted for
8 consideration upon the Court’s motion calendar. Dispositive motions shall be noted for
9 consideration on a date no earlier than the fourth Friday following filing and service of the
10 motion. LCR 7(d)(3).
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All briefs and affidavits in opposition to any motion shall be filed and served pursuant to

12 the requirements of Rule 7 of the Federal Rules of Civil Procedure and LCR 7. The party making
13 a motion may file and serve a reply to the opposing party’s briefs and affidavits. Any reply brief
14 shall also be filed and served pursuant to the requirements of Rule 7 of the Federal Rules of Civil
15 Procedure and LCR 7.
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Defendants are reminded that they MUST serve a Rand notice, in a separate document,

17 concurrently with motions to dismiss based on a failure to exhaust and motions for summary
18 judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is
19 required of them in order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir.
20 2012). The Ninth Circuit has set forth model language for such notices:
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A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.

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Rule 56 tells you what you must do in order to oppose a motion for
summary judgment. Generally, summary judgment must be granted when
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE HIS
SECOND AMENDED COMPLAINT AND
RE-SETTING THE PRETRIAL SCHEDULE
DEADLINES - 3

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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.

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Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). Defendants who fail to
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file and serve the required Rand and notice on the plaintiff may have their motion stricken from
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the Court’s calendar with leave to re-file.
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(3)

Joint Pretrial Statement

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A deadline for filing a Joint Pretrial Statement may be established at a later date pending
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the outcome of any dispositive motions.
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(4)

Proof of Service and Sanctions

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All motions, pretrial statements and other filings shall be accompanied by proof that such
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documents have been served upon counsel for the opposing party or upon any party acting pro
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se. The proof of service 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, by affidavit of
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the person who served the papers, or by any other proof satisfactory to the Court. Failure to
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comply with the provisions of the Order can result in dismissal/default judgment or other
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appropriate sanctions.
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ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE HIS
SECOND AMENDED COMPLAINT AND
RE-SETTING THE PRETRIAL SCHEDULE
DEADLINES - 4

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(5)

The Clerk of Court is directed to send a copy of this Order to plaintiff and to

2 counsel for defendants.
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Dated this 13th day of January, 2017.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME TO FILE HIS
SECOND AMENDED COMPLAINT AND
RE-SETTING THE PRETRIAL SCHEDULE
DEADLINES - 5