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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 RENEE BISHOP-MCKEAN, CASE NO. 3:20-CV-05416-JLR-DWC 11 Plaintiff, ORDER VACATING ORDER 12 v. DENYING MOTION TO SERVE AS MOOT (DKT. 48) AND DIRECTING 13 WASHINGTON DEPARTMENT OF SERVICE OF COMPLAINT CORRECTIONS et al., 14 ADDRESS UNDER SEAL Defendants. 15 16 17 Before the Court is Plaintiff’s Reply/Opposition to Plaintiff’s Motion to Serve 18 (hereinafter “Reply”). Dkt. 49. Plaintiff requests the Court serve Defendant Dunlap at an address 19 provided by Plaintiff. See id. 20 Plaintiff, proceeding pro se, filed her Third Amended Complaint (hereinafter 21 “Complaint”) on October 16, 2020.1 Dkt. 17. On November 2, 2020, the Court directed service 22 of Plaintiff’s Complaint on the named Defendants. Dkt. 18. On January 4, 2021, counsel for 23 Defendants Bolter, Boyce, Suarez, Wofford, Washington Corrections Center for Women 24 1 (“WCC”), and Washington Department of Corrections (“DOC”) filed an Answer. Dkt. 31. The 2 same day, counsel for Defendants entered a Notice of Non-Representation of Megan Dunlap. 3 Dkt. 29. Counsel states Defendant Dunlap no longer works for the Washington DOC. Dkt. 29. 4 Counsel states service documents were mailed to Defendant Dunlap’s last known address but
5 were returned with a note indicating she no longer resides there. Dkt. 29. 6 On January 13, 2021, the Court directed Plaintiff to provide Defendant Dunlap’s 7 complete address on or before February 12, 2021, so the Court could attempt service by mail. 8 Dkt. 35. On March 16, 2021, Plaintiff filed Objections to the undersigned’s Report and 9 Recommendation (Dkt. 36)1 and a Motion for Leave to File an Amended Complaint, requesting, 10 in part, that she be allowed leave to amend to remove Defendant Dunlap from this matter as she 11 was unable to obtain her mailing address. Dkt. 38. 12 On March 10, 2021, Plaintiff filed the Motion to Serve requesting the Court serve 13 Defendant Dunlap. Dkt. 43. On March 15, 2021, the Honorable James L. Robart, the District 14 Judge assigned to this matter, adopted the undersigned’s Report and Recommendation and
15 granted Plaintiff leave to amend her complaint within fourteen days to remove Defendant 16 Dunlap. Dkt. 36, 44, 48. On March 25, 2021, the Court denied Plaintiff’s Motion to Serve 17 Defendant Dunlap as moot as Plaintiff had already sought and received an order allowing her to 18 amend her Third Amended Complaint to remove Defendant Dunlap. Dkt. 48. 19 In the Reply, Plaintiff states she has now obtained Defendant Dunlap’s address, and she 20 no longer wishes to amend her complaint to remove Defendant Dunlap.2 Dkt. 49. Plaintiff states 21 it was never her intention to remove Defendant Dunlap, this was an error on her part. Id. Plaintiff 22 23 1 The Report and Recommendation and Order Adopting also dismissed Defendants DOC and WCCW from this matter. Dkt. 36, 38, 45. That Order remains in full force and effect. 24 2 The Reply was filed on March 26, 2021, but not entered on the docket until March 29, 2021. Dkt. 49. 1 has not filed a Fourth Amended Complaint See Dkt. In addition, Defendant Dunlap has not been 2 served and is not represented in this matter at this time. See Dkt. 3 After reviewing the Reply and the relevant record, the Court vacates the portion of the 4 Court’s Order which denied the Motion to Serve as moot (Dkt. 48). All remaining portions of
5 the Order (Dkt. 48) remain in full force and effect. The Clerk’s Office is now directed to serve 6 Defendant Dunlap at the address provided by Plaintiff in the Motion to Serve (Dkt. 43). The 7 Clerk’s Office is also directed to seal the Motion to Serve (Dkt. 43) as the Motion contains 8 personally identifying information related to Defendant Dunlap’s address and contact 9 information. 10 Accordingly, it is ORDERED: 11 (l) Service by Clerk 12 The Clerk is directed to send the following to Defendant Dunlap by first class mail: a 13 copy of plaintiff’s Third Amended Complaint, a copy of this Order, two copies of the Notice of 14 Lawsuit and Request for Waiver of Service of Summons, a Waiver of Service of Summons, and
15 a return envelope, postage prepaid, addressed to the Clerk’s Office. 16 (2) Response Required 17 Defendant shall have thirty (30) days within which to return the enclosed waiver of 18 service of summons. A defendant who timely returns a signed waiver shall have sixty (60) days 19 after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a 20 motion permitted under Rule 12 of the Federal Rules of Civil Procedure. 21 A defendant who fails to timely return a signed waiver will be personally served with a 22 summons and complaint and may be required to pay the full costs of such service, pursuant to 23
24 1 Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion 2 permitted under Rule 12 within thirty (30) days after service. 3 (3) Filing and Service by Parties, Generally 4 All attorneys admitted to practice before this Court are required to file documents
5 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 6 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 7 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand 8 corner the name of the magistrate judge to whom the document is directed. 9 Any document filed with the Court must be accompanied by proof that it has been served 10 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs shall 11 indicate the date the document is submitted for e-filing as the date of service. 12 (4) Non-State Defendants 13 As a registered user of the Court’s electronic filing system, you must accept electronic 14 service of all court filings (except original service of a complaint) by prisoner litigants housed at
15 facilities actively engaged in the Prisoner E-Filing Initiative. Prisoner litigants incarcerated at 16 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their 17 court filings on the Court or defendants by mail. Service by mail of your court filings to prison 18 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer 19 required. 20 (5) Motions 21 Any request for court action shall be set forth in a motion, properly filed and served. 22 Pursuant to Local Civil Rule 7(b), any argument being offered in support of a motion shall be 23 submitted as a part of the motion itself and not in a separate document. The motion shall include
24 1 in its caption (immediately below the title of the motion) a designation of the date the motion is 2 to be noted for consideration upon the court’s motion calendar. 3 Stipulated and agreed motions, motions to file overlength motions or briefs, motions for 4 reconsideration, joint submissions pursuant to the option procedure established in Local Civil
5 Rule 37(a)(2), motions for default, requests for the clerk to enter default judgment, and motions 6 for the court to enter default judgment where the opposing party has not appeared shall be noted 7 for consideration on the day they are filed. See Local Civil Rule 7(d)(1). All other non- 8 dispositive motions shall be noted for consideration no earlier than the third Friday following 9 filing and service of the motion. See Local Civil Rule 7(d)(3). All dispositive motions shall be 10 noted for consideration no earlier than the fourth Friday following filing and service of the 11 motion. See id.
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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 RENEE BISHOP-MCKEAN, CASE NO. 3:20-CV-05416-JLR-DWC 11 Plaintiff, ORDER VACATING ORDER 12 v. DENYING MOTION TO SERVE AS MOOT (DKT. 48) AND DIRECTING 13 WASHINGTON DEPARTMENT OF SERVICE OF COMPLAINT CORRECTIONS et al., 14 ADDRESS UNDER SEAL Defendants. 15 16 17 Before the Court is Plaintiff’s Reply/Opposition to Plaintiff’s Motion to Serve 18 (hereinafter “Reply”). Dkt. 49. Plaintiff requests the Court serve Defendant Dunlap at an address 19 provided by Plaintiff. See id. 20 Plaintiff, proceeding pro se, filed her Third Amended Complaint (hereinafter 21 “Complaint”) on October 16, 2020.1 Dkt. 17. On November 2, 2020, the Court directed service 22 of Plaintiff’s Complaint on the named Defendants. Dkt. 18. On January 4, 2021, counsel for 23 Defendants Bolter, Boyce, Suarez, Wofford, Washington Corrections Center for Women 24 1 (“WCC”), and Washington Department of Corrections (“DOC”) filed an Answer. Dkt. 31. The 2 same day, counsel for Defendants entered a Notice of Non-Representation of Megan Dunlap. 3 Dkt. 29. Counsel states Defendant Dunlap no longer works for the Washington DOC. Dkt. 29. 4 Counsel states service documents were mailed to Defendant Dunlap’s last known address but
5 were returned with a note indicating she no longer resides there. Dkt. 29. 6 On January 13, 2021, the Court directed Plaintiff to provide Defendant Dunlap’s 7 complete address on or before February 12, 2021, so the Court could attempt service by mail. 8 Dkt. 35. On March 16, 2021, Plaintiff filed Objections to the undersigned’s Report and 9 Recommendation (Dkt. 36)1 and a Motion for Leave to File an Amended Complaint, requesting, 10 in part, that she be allowed leave to amend to remove Defendant Dunlap from this matter as she 11 was unable to obtain her mailing address. Dkt. 38. 12 On March 10, 2021, Plaintiff filed the Motion to Serve requesting the Court serve 13 Defendant Dunlap. Dkt. 43. On March 15, 2021, the Honorable James L. Robart, the District 14 Judge assigned to this matter, adopted the undersigned’s Report and Recommendation and
15 granted Plaintiff leave to amend her complaint within fourteen days to remove Defendant 16 Dunlap. Dkt. 36, 44, 48. On March 25, 2021, the Court denied Plaintiff’s Motion to Serve 17 Defendant Dunlap as moot as Plaintiff had already sought and received an order allowing her to 18 amend her Third Amended Complaint to remove Defendant Dunlap. Dkt. 48. 19 In the Reply, Plaintiff states she has now obtained Defendant Dunlap’s address, and she 20 no longer wishes to amend her complaint to remove Defendant Dunlap.2 Dkt. 49. Plaintiff states 21 it was never her intention to remove Defendant Dunlap, this was an error on her part. Id. Plaintiff 22 23 1 The Report and Recommendation and Order Adopting also dismissed Defendants DOC and WCCW from this matter. Dkt. 36, 38, 45. That Order remains in full force and effect. 24 2 The Reply was filed on March 26, 2021, but not entered on the docket until March 29, 2021. Dkt. 49. 1 has not filed a Fourth Amended Complaint See Dkt. In addition, Defendant Dunlap has not been 2 served and is not represented in this matter at this time. See Dkt. 3 After reviewing the Reply and the relevant record, the Court vacates the portion of the 4 Court’s Order which denied the Motion to Serve as moot (Dkt. 48). All remaining portions of
5 the Order (Dkt. 48) remain in full force and effect. The Clerk’s Office is now directed to serve 6 Defendant Dunlap at the address provided by Plaintiff in the Motion to Serve (Dkt. 43). The 7 Clerk’s Office is also directed to seal the Motion to Serve (Dkt. 43) as the Motion contains 8 personally identifying information related to Defendant Dunlap’s address and contact 9 information. 10 Accordingly, it is ORDERED: 11 (l) Service by Clerk 12 The Clerk is directed to send the following to Defendant Dunlap by first class mail: a 13 copy of plaintiff’s Third Amended Complaint, a copy of this Order, two copies of the Notice of 14 Lawsuit and Request for Waiver of Service of Summons, a Waiver of Service of Summons, and
15 a return envelope, postage prepaid, addressed to the Clerk’s Office. 16 (2) Response Required 17 Defendant shall have thirty (30) days within which to return the enclosed waiver of 18 service of summons. A defendant who timely returns a signed waiver shall have sixty (60) days 19 after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a 20 motion permitted under Rule 12 of the Federal Rules of Civil Procedure. 21 A defendant who fails to timely return a signed waiver will be personally served with a 22 summons and complaint and may be required to pay the full costs of such service, pursuant to 23
24 1 Rule 4(d)(2). A defendant who has been personally served shall file an answer or motion 2 permitted under Rule 12 within thirty (30) days after service. 3 (3) Filing and Service by Parties, Generally 4 All attorneys admitted to practice before this Court are required to file documents
5 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 6 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 7 Plaintiff shall file all documents electronically. All filings must indicate in the upper right hand 8 corner the name of the magistrate judge to whom the document is directed. 9 Any document filed with the Court must be accompanied by proof that it has been served 10 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiffs shall 11 indicate the date the document is submitted for e-filing as the date of service. 12 (4) Non-State Defendants 13 As a registered user of the Court’s electronic filing system, you must accept electronic 14 service of all court filings (except original service of a complaint) by prisoner litigants housed at
15 facilities actively engaged in the Prisoner E-Filing Initiative. Prisoner litigants incarcerated at 16 facilities actively engaged in the Prisoner E-Filing Initiative are no longer required to serve their 17 court filings on the Court or defendants by mail. Service by mail of your court filings to prison 18 litigants housed in facilities actively engaged in the Prisoner E-Filing Initiative is also no longer 19 required. 20 (5) Motions 21 Any request for court action shall be set forth in a motion, properly filed and served. 22 Pursuant to Local Civil Rule 7(b), any argument being offered in support of a motion shall be 23 submitted as a part of the motion itself and not in a separate document. The motion shall include
24 1 in its caption (immediately below the title of the motion) a designation of the date the motion is 2 to be noted for consideration upon the court’s motion calendar. 3 Stipulated and agreed motions, motions to file overlength motions or briefs, motions for 4 reconsideration, joint submissions pursuant to the option procedure established in Local Civil
5 Rule 37(a)(2), motions for default, requests for the clerk to enter default judgment, and motions 6 for the court to enter default judgment where the opposing party has not appeared shall be noted 7 for consideration on the day they are filed. See Local Civil Rule 7(d)(1). All other non- 8 dispositive motions shall be noted for consideration no earlier than the third Friday following 9 filing and service of the motion. See Local Civil Rule 7(d)(3). All dispositive motions shall be 10 noted for consideration no earlier than the fourth Friday following filing and service of the 11 motion. See id. 12 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 13 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 14 immediately preceding the date designated for consideration of the motion.
15 The party making the motion may electronically file and serve not later than 11:59 p.m. 16 on the date designated for consideration of the motion, a reply to the opposing party’s briefs and 17 affidavits. 18 (6) Motions to Dismiss and Motions for Summary Judgment 19 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 20 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 21 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 22 noted for consideration no earlier than the fourth Friday following filing and service of the 23 motion.
24 1 Defendants filing motions to dismiss based on a failure to exhaust or motions for 2 summary judge are advised that they MUST serve a Rand notice concurrently with motions to 3 dismiss based on a failure to exhaust and motions for summary judgment so that pro se prisoner 4 plaintiffs will have fair, timely and adequate notice of what is required of them in order to
5 oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit 6 has set forth model language for such notices: 7 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 8 Rule 56 tells you what you must do in order to oppose a motion for summary 9 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 10 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 11 end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations (or other sworn 12 testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 13 interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and 14 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 15 judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no 16 trial. 17 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). 18 Defendants who fail to file and serve the required Rand notice on plaintiff may have their 19 motion stricken from the Court’s calendar with leave to re-file. 20 (7) Direct Communications with District Judge or Magistrate Judge 21 No direct communication is to take place with the District Judge or Magistrate Judge with 22 regard to this case. All relevant information and papers are to be directed to the Clerk. 23 (8) Clerk’s Action 24 1 The Clerk is directed to send copies of this Order to plaintiff and counsel for defendants. 2 The Clerk shall ensure that the address of defendant Dunlap served by this Order shall remain 3 UNDER SEAL FOR THE COURT’S EYES ONLY. 4 Dated this 7th day of April, 2021.
5 6 A 7 David W. Christel 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24