6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE
8 DONALD LeGRONE,
9 Plaintiff, Case No. C23-1102-LK-SKV
10 v. ORDER DIRECTING SERVICE OF CIVIL 11 KING COUNTY, et al., RIGHTS COMPLAINT ON INDIVIDUAL DEFENDANTS 12 Defendants.
14 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding 15 with this action pro se and in forma pauperis. The Court, having reviewed Plaintiff’s amended 16 complaint, hereby ORDERS as follows: 17 (1) Service by Clerk 18 The Clerk is directed to send to Patricia Tindall, King County Sheriff, and to Allen 19 Nance, Director of the King County Department of Adult and Juvenile Detention, a copy of 20 Plaintiff’s amended complaint (Dkt. 7), a copy of this Order, two copies of the notice of lawsuit 21 and request for waiver of service of summons, a waiver of service of summons, and a return 22 envelope, postage prepaid, addressed to the Clerk’s Office. 23 ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 (2) Response Required 2 Defendants shall have thirty (30) days within which to return the waiver of service of 3 summons. If a defendant timely returns a signed waiver, he or she shall have sixty (60) days
4 after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a 5 motion permitted under Rule 12 of the Federal Rules of Civil Procedure. If a defendant fails to 6 timely return the signed waiver, he or she will be personally served with a summons and 7 complaint and may be required to pay the full costs of such service, pursuant to Rule 4(d)(2) of 8 the Federal Rules of Civil Procedure. A defendant who has been personally served shall file an 9 answer or motion permitted under Rule 12 within twenty-one (21) days after service. 10 (3) Filing and Service by Parties, Generally 11 All attorneys admitted to practice before this Court are required to file documents 12 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 13 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
14 Plaintiff, who is currently in the custody of the Washington Department of Corrections, is also 15 required to file all documents electronically. All filings must indicate in the upper right-hand 16 corner the name of the magistrate judge to whom the document is directed. 17 For any party filing electronically, when the total of all pages of a filing exceeds fifty 18 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as 19 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be 20 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” 21 Any document filed with the Court must be accompanied by proof that it has been served 22 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall 23 indicate the date the document is submitted for e-filing as the date of service. ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 (4) Motions, Generally 2 Any request for court action shall be set forth in a motion, properly filed and served. 3 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
4 part of the motion itself and not in a separate document. The motion shall include in its caption 5 (immediately below the title of the motion) a designation of the date the motion is to be noted for 6 consideration upon the Court’s motion calendar. 7 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 8 reconsideration, joint submissions pursuant to the optional procedure established in LCR 9 37(a)(2), motions for default, requests for the clerk to enter default judgment, and motions for the 10 court to enter default judgment where the opposing party has not appeared shall be noted for 11 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 12 shall be noted for consideration no earlier than the third Friday following filing and service of the 13 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier
14 than the fourth Friday following filing and service of the motion. Id. 15 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 16 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 17 immediately preceding the date designated for consideration of the motion. The party making 18 the motion may electronically file and serve, not later than 11:59 p.m. on the date designated for 19 consideration of the motion, a reply to the opposing party’s briefs and affidavits. 20 (5) Motions to Dismiss and Motions for Summary Judgment 21 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 22 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 23 Procedure should acquaint themselves with those rules. As noted above, these motions shall be ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 noted for consideration no earlier than the fourth Friday following filing and service of the 2 motion. 3 Defendants filing motions to dismiss or motions for summary judge are advised that they
4 MUST serve Rand notices concurrently with motions to dismiss based on failure to exhaust 5 administrative remedies and motions for summary judgment so that pro se prisoner plaintiffs will 6 have fair, timely and adequate notice of what is required of them in order to oppose those 7 motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth 8 model language for such notices: 9 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 10 Rule 56 tells you what you must do in order to oppose a motion for 11 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real 12 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 13 law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations 14 (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, 15 depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the 16 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 17 evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will 18 be dismissed and there will be no trial.
19 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).
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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE
8 DONALD LeGRONE,
9 Plaintiff, Case No. C23-1102-LK-SKV
10 v. ORDER DIRECTING SERVICE OF CIVIL 11 KING COUNTY, et al., RIGHTS COMPLAINT ON INDIVIDUAL DEFENDANTS 12 Defendants.
14 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding 15 with this action pro se and in forma pauperis. The Court, having reviewed Plaintiff’s amended 16 complaint, hereby ORDERS as follows: 17 (1) Service by Clerk 18 The Clerk is directed to send to Patricia Tindall, King County Sheriff, and to Allen 19 Nance, Director of the King County Department of Adult and Juvenile Detention, a copy of 20 Plaintiff’s amended complaint (Dkt. 7), a copy of this Order, two copies of the notice of lawsuit 21 and request for waiver of service of summons, a waiver of service of summons, and a return 22 envelope, postage prepaid, addressed to the Clerk’s Office. 23 ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 (2) Response Required 2 Defendants shall have thirty (30) days within which to return the waiver of service of 3 summons. If a defendant timely returns a signed waiver, he or she shall have sixty (60) days
4 after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a 5 motion permitted under Rule 12 of the Federal Rules of Civil Procedure. If a defendant fails to 6 timely return the signed waiver, he or she will be personally served with a summons and 7 complaint and may be required to pay the full costs of such service, pursuant to Rule 4(d)(2) of 8 the Federal Rules of Civil Procedure. A defendant who has been personally served shall file an 9 answer or motion permitted under Rule 12 within twenty-one (21) days after service. 10 (3) Filing and Service by Parties, Generally 11 All attorneys admitted to practice before this Court are required to file documents 12 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 13 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF.
14 Plaintiff, who is currently in the custody of the Washington Department of Corrections, is also 15 required to file all documents electronically. All filings must indicate in the upper right-hand 16 corner the name of the magistrate judge to whom the document is directed. 17 For any party filing electronically, when the total of all pages of a filing exceeds fifty 18 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as 19 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be 20 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” 21 Any document filed with the Court must be accompanied by proof that it has been served 22 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall 23 indicate the date the document is submitted for e-filing as the date of service. ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 (4) Motions, Generally 2 Any request for court action shall be set forth in a motion, properly filed and served. 3 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a
4 part of the motion itself and not in a separate document. The motion shall include in its caption 5 (immediately below the title of the motion) a designation of the date the motion is to be noted for 6 consideration upon the Court’s motion calendar. 7 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 8 reconsideration, joint submissions pursuant to the optional procedure established in LCR 9 37(a)(2), motions for default, requests for the clerk to enter default judgment, and motions for the 10 court to enter default judgment where the opposing party has not appeared shall be noted for 11 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 12 shall be noted for consideration no earlier than the third Friday following filing and service of the 13 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier
14 than the fourth Friday following filing and service of the motion. Id. 15 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 16 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 17 immediately preceding the date designated for consideration of the motion. The party making 18 the motion may electronically file and serve, not later than 11:59 p.m. on the date designated for 19 consideration of the motion, a reply to the opposing party’s briefs and affidavits. 20 (5) Motions to Dismiss and Motions for Summary Judgment 21 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 22 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 23 Procedure should acquaint themselves with those rules. As noted above, these motions shall be ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 noted for consideration no earlier than the fourth Friday following filing and service of the 2 motion. 3 Defendants filing motions to dismiss or motions for summary judge are advised that they
4 MUST serve Rand notices concurrently with motions to dismiss based on failure to exhaust 5 administrative remedies and motions for summary judgment so that pro se prisoner plaintiffs will 6 have fair, timely and adequate notice of what is required of them in order to oppose those 7 motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth 8 model language for such notices: 9 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 10 Rule 56 tells you what you must do in order to oppose a motion for 11 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real 12 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 13 law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations 14 (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, 15 depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the 16 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 17 evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will 18 be dismissed and there will be no trial.
19 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). 20 Defendants who fail to file and serve the required Rand notice on Plaintiff may have their 21 motion stricken from the Court’s calendar with leave to re-file. 22 23 ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL 1 (6) Direct Communications with District Judge or Magistrate Judge 2 No direct communication is to take place with the District Judge or Magistrate Judge with 3 regard to this case. All relevant information and papers are to be directed to the Clerk.
4 (7) The Clerk is directed to send a copy of this Order to Plaintiff. The Clerk is further 5 directed to send a copy of this Order and a courtesy copy of Plaintiff’s amended complaint to the 6 King County Prosecutor’s Office. 7 Dated this 13th day of October, 2023.
9 A S. KATE VAUGHAN 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DIRECTING SERVICE OF CIVIL
RIGHTS COMPLAINT ON INDIVIDUAL