Malone et al v. Strong

Filing 51

ORDER denying the 46 Motion for Extension of Time as moot; and denying 47 Motion to Serve. Signed by Magistrate Judge David W. Christel.(CMG)

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

5
6
7

CALVIN MALONE,
Plaintiff,

8

10

MARK STRONG, BILL VAN HOOK,
Defendants.

11
12

ORDER

v.

9

CASE NO. 3:16-CV-05284-RBL-DWC

The District Court referred this 42 U.S.C. § 1983 action to United States Magistrate

13 Judge David W. Christel. Presently before the Court are Plaintiff’s “Motion and Declaration to
14 Extend Deadline to Provide Address for Defendant Strong” (“Motion for Extension”) and
15 “Plaintiff Requesting the Court Order Service Pursuant to Local Rule 4(C) for Mark Strong.”
16 (“Motion to Serve”). Dkt. 46, 47. 1 After review of the record, the Motion for Extension and
17 Motion to Serve are denied.
18

I.

19

On September 28, 2016, the Court directed Plaintiff to provide an updated address for

Motion for Extension (Dkt. 46)

20 Defendant Mark Strong on behalf of all Plaintiffs in the Related Cases. 2 Dkt. 42. On October 11,
21
22
23
24

1

The Motion for Extension was filed by Plaintiff’s attorney, Casey Arbenz. See Dkt. 46. The Motion to
Serve was filed by Plaintiff, pro se. See Dkt. 47.
2
This case was original filed on behalf of 27 plaintiffs, who sought class certification. The undersigned
recommended class certification be denied without prejudice and a new case be opened for each plaintiff. The
Report and Recommendation was adopted by the District Judge assigned to this case. This case was severed. The

ORDER - 1

1 2016, Attorney Casey Arbenz filed a Notice of Appearance on behalf of Plaintiff. Dkt. 44.
2 Plaintiff, through Mr. Arbenz, filed the Motion for Extension on October 20, 2016, requesting an
3 extension of time to provide an updated address for Defendant Strong. Dkt. 46. On November 3,
4 2016, Attorney Craig Mingay filed a Waiver of Service of Summons on behalf of Defendant
5 Strong in all the Related Cases. See e.g. Dkt. 50. As Defendant Strong waived service, Plaintiff
6 does not need to file an address for Defendant Strong and the Motion for Extension is denied as
7 moot.
8

II.

9

On October 20, 2016, Plaintiff, pro se, filed the Motion to Serve. Dkt. 47. As Plaintiff is

Motion to Serve (Dkt. 47)

10 represented by counsel, the Court will not consider any pro se filings in this case. See W.D.
11 Wash. Local Rule 83.2(b)(4) (“When a party is represented by an attorney of record in a case, the
12 party cannot appear or act on his or her own behalf in that case, or take any step therein . . .”).
13 Accordingly, the Motion to Serve is denied.
14

Dated this 15th day of November, 2016.

A

15
16

David W. Christel
United States Magistrate Judge

17
18
19

20 following 24 cases remain (hereinafter “Related Cases”): Malone v. Strong, 3:16-cv-5284-RBL-DWC; Mitchell v.
21
22
23
24

Strong, 3:16-cv-5530-RBL-DWC; Fox v. Strong, 3:16-cv-5532-RBL-DWC; Schoonover v. Strong, 3:16-cv-5533RBL-DWC; Robinson v. Strong, 3:16-cv-5534-RBL-DWC; Brooks v. Strong, 3:16-cv-5535-RBL-DWC; Parsons v.
Strong, 3:16-cv-5537-RBL-DWC; Townsend v. Strong, 3:16-cv-5538-RBL-DWC; Geier v. Strong, 3:16-cv-5539RBL-DWC; Jones v. Strong, 3:16-cv-5540-RBL-DWC; Hancock v. Strong, 3:16-cv-5541-RBL-DWC; Nelson v.
Strong, 3:16-cv-5542-RBL-DWC; Rafford v. Strong, 3:16-cv-5543-RBL-DWC; Cole v. Strong, 3:16-cv-5544-RBLDWC; Mathis v. Strong, 3:16-cv-5545-RBL-DWC; Jaeger v. Strong, 3:16-cv-5546-RBL-DWC; Brennan v. Strong,
3:16-cv-5547-RBL-DWC; Hopkins v. Strong, 3:16-cv-5548-RBL-DWC; Dumas v. Strong, 3:16-cv-5549-RBLDWC; Pouncy v. Strong, 3:16-cv-5550-RBL-DWC; Jackson v. Strong, 3:16-cv-5551-RBL-DWC; McCollum v.
Strong, 3:16-cv-5552-RBL-DWC; Coleman v. Strong, 3:16-cv-5555-RBL-DWC; and Turner v. Strong, 3:16-cv5556-RBL-DWC.

ORDER - 2