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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 RICKY M. ARNTSEN, 8 Plaintiff, CASE NO. 3:24-CV-5511-BHS-DWC 9 v. ORDER DIRECTING SERVICE OF 10 CIVIL RIGHTS COMPLAINT STATE OF WASHINGTON, et al., 11 Defendants. 12
13 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding 14 with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Stafford 15 Creek Corrections Center and is subject to the Court’s Prisoner E-Filing Initiative pursuant to 16 General Order 06-16. The Court, having granted Plaintiff’s request to serve the defendants, 17 hereby ORDERS as follows: 18 (1) Service by Clerk 19 The Clerk is directed to send the following to Defendants Danielle Armbruster, Jason 20 Bennett, Jeri Boe, Clallam Bay Corrections Center, Paul Clark, Patrick Collecchi, Department of 21 Corrections - SCCC, J Scott Edwards, Shane L Evans, Ron Haynes, Linda M Ineman, Jay 22 Jackson, Annikaa Mizin, Steven Sinclair, Stafford Creek Corrections Center, State of 23 Washington, Cheryl Strange, Rhonda Stump, and Jeff Tatro by e- mail: a copy of the complaint, 1 a copy of this Order, a copy of the notice of lawsuit and request for waiver of service of 2 summons, and a waiver of service of summons. 3 The Clerk is also directed to send the following to Defendants Byd Surgical Masks 4 Manufacturer and Honeywell Surgical Masks Manufacturer by first class mail: a copy of
5 plaintiff’s complaint, a copy of this Order, two copies of the notice of lawsuit and request for 6 waiver of service of summons, a waiver of service of summons, and a return envelope, postage 7 prepaid, addressed to the Clerk’s Office. 8 (2) Response Required 9 Defendant(s) shall have thirty (30) days within which to return the enclosed waiver of 10 service of summons. A defendant who timely returns the signed waiver shall have sixty (60) 11 days after the date designated on the notice of lawsuit to file and serve an answer to the 12 complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure. 13 A defendant who fails to timely return the signed waiver will be personally served with a 14 summons and complaint, and may be required to pay the full costs of such service, pursuant to
15 Rule 4(d)(2) of the Federal Rules of Civil Procedure. 16 (3) Filing and Service by Parties, Generally 17 All attorneys admitted to practice before this Court are required to file documents 18 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 19 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 20 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand 21 corner the name of the magistrate judge to whom the document is directed. 22 Any document filed with the Court must be accompanied by proof that it has been served 23 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs 1 subject to the Court’s E-Filing Initiative shall indicate the date the document is submitted for e- 2 filing as the date of service. 3 (4) Non-State Defendants 4 As a registered user of the Court’s electronic filing system, you must accept electronic
5 service of all court filings (except original service of a complaint) by prisoner litigants housed at 6 facilities actively engaged in the Prisoner E-Filing Initiative. Prisoner litigants incarcerated at 7 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their 8 court filings on the Court or defendants by mail. Service by mail of your court filings to prison 9 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer 10 required. 11 (5) Motions, Generally 12 Any request for court action shall be set forth in a motion, properly filed and served. 13 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 14 part of the motion itself and not in a separate document. The motion shall include in its caption
15 (immediately below the title of the motion) a designation of the date the motion is to be noted for 16 consideration upon the Court’s motion calendar. 17 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 18 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2), 19 motions for default, requests for the clerk to enter default judgment, and motions for the court to 20 enter default judgment where the opposing party has not appeared shall be noted for 21 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 22 shall be noted for consideration no earlier than 21 days after filing and service of the motion. 23 See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than 28 days 1 after filing and service of the motion. Id. 2 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 3 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 4 immediately preceding the date designated for consideration of the motion.
5 The party making the motion may electronically file and serve not later than 11:59 p.m. 6 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and 7 affidavits. 8 (6) Motions to Dismiss and Motions for Summary Judgment 9 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 10 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 11 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 12 noted for consideration no earlier than 28 days after filing and service of the motion. 13 Defendants filing motions to dismiss based on a failure to exhaust or motions for 14 summary judgement are advised that they MUST serve a Rand notice concurrently with motions
15 to dismiss based on a failure to exhaust and motions for summary judgment so that pro se 16 prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in order 17 to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit 18 has set forth model language for such notices: 19 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 20 Rule 56 tells you what you must do in order to oppose a motion for summary 21 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 22 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 23 suing makes a motion for summary judgment that is properly supported by 1 declarations (or other sworn testimony), you cannot simply rely on what your complaint says.
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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 RICKY M. ARNTSEN, 8 Plaintiff, CASE NO. 3:24-CV-5511-BHS-DWC 9 v. ORDER DIRECTING SERVICE OF 10 CIVIL RIGHTS COMPLAINT STATE OF WASHINGTON, et al., 11 Defendants. 12
13 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding 14 with this action pro se and in forma pauperis. Plaintiff is currently incarcerated at the Stafford 15 Creek Corrections Center and is subject to the Court’s Prisoner E-Filing Initiative pursuant to 16 General Order 06-16. The Court, having granted Plaintiff’s request to serve the defendants, 17 hereby ORDERS as follows: 18 (1) Service by Clerk 19 The Clerk is directed to send the following to Defendants Danielle Armbruster, Jason 20 Bennett, Jeri Boe, Clallam Bay Corrections Center, Paul Clark, Patrick Collecchi, Department of 21 Corrections - SCCC, J Scott Edwards, Shane L Evans, Ron Haynes, Linda M Ineman, Jay 22 Jackson, Annikaa Mizin, Steven Sinclair, Stafford Creek Corrections Center, State of 23 Washington, Cheryl Strange, Rhonda Stump, and Jeff Tatro by e- mail: a copy of the complaint, 1 a copy of this Order, a copy of the notice of lawsuit and request for waiver of service of 2 summons, and a waiver of service of summons. 3 The Clerk is also directed to send the following to Defendants Byd Surgical Masks 4 Manufacturer and Honeywell Surgical Masks Manufacturer by first class mail: a copy of
5 plaintiff’s complaint, a copy of this Order, two copies of the notice of lawsuit and request for 6 waiver of service of summons, a waiver of service of summons, and a return envelope, postage 7 prepaid, addressed to the Clerk’s Office. 8 (2) Response Required 9 Defendant(s) shall have thirty (30) days within which to return the enclosed waiver of 10 service of summons. A defendant who timely returns the signed waiver shall have sixty (60) 11 days after the date designated on the notice of lawsuit to file and serve an answer to the 12 complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure. 13 A defendant who fails to timely return the signed waiver will be personally served with a 14 summons and complaint, and may be required to pay the full costs of such service, pursuant to
15 Rule 4(d)(2) of the Federal Rules of Civil Procedure. 16 (3) Filing and Service by Parties, Generally 17 All attorneys admitted to practice before this Court are required to file documents 18 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 19 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 20 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand 21 corner the name of the magistrate judge to whom the document is directed. 22 Any document filed with the Court must be accompanied by proof that it has been served 23 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs 1 subject to the Court’s E-Filing Initiative shall indicate the date the document is submitted for e- 2 filing as the date of service. 3 (4) Non-State Defendants 4 As a registered user of the Court’s electronic filing system, you must accept electronic
5 service of all court filings (except original service of a complaint) by prisoner litigants housed at 6 facilities actively engaged in the Prisoner E-Filing Initiative. Prisoner litigants incarcerated at 7 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their 8 court filings on the Court or defendants by mail. Service by mail of your court filings to prison 9 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer 10 required. 11 (5) Motions, Generally 12 Any request for court action shall be set forth in a motion, properly filed and served. 13 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 14 part of the motion itself and not in a separate document. The motion shall include in its caption
15 (immediately below the title of the motion) a designation of the date the motion is to be noted for 16 consideration upon the Court’s motion calendar. 17 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 18 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2), 19 motions for default, requests for the clerk to enter default judgment, and motions for the court to 20 enter default judgment where the opposing party has not appeared shall be noted for 21 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 22 shall be noted for consideration no earlier than 21 days after filing and service of the motion. 23 See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than 28 days 1 after filing and service of the motion. Id. 2 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 3 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 4 immediately preceding the date designated for consideration of the motion.
5 The party making the motion may electronically file and serve not later than 11:59 p.m. 6 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and 7 affidavits. 8 (6) Motions to Dismiss and Motions for Summary Judgment 9 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 10 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 11 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 12 noted for consideration no earlier than 28 days after filing and service of the motion. 13 Defendants filing motions to dismiss based on a failure to exhaust or motions for 14 summary judgement are advised that they MUST serve a Rand notice concurrently with motions
15 to dismiss based on a failure to exhaust and motions for summary judgment so that pro se 16 prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in order 17 to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit 18 has set forth model language for such notices: 19 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 20 Rule 56 tells you what you must do in order to oppose a motion for summary 21 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 22 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 23 suing makes a motion for summary judgment that is properly supported by 1 declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, 2 depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant’s 3 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 4 judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. 5 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). 6 Defendants who fail to file and serve the required Rand notice on plaintiff may have their 7 motion stricken from the Court’s calendar with leave to re-file. 8 (7) Direct Communications with District Judge or Magistrate Judge 9 No direct communication is to take place with the District Judge or Magistrate Judge with 10 regard to this case. All relevant information and papers are to be directed to the Clerk. 11 (8) The Clerk is directed to send copies of this Order and of the Court’s pro se 12 instruction sheet to plaintiff. 13 Dated this 1st day of August, 2024. 14 15 A 16 David W. Christel United States Magistrate Judge 17 18 19 20 21 22 23