Montar-Morales v. Pickering

• Court: District Court, W.D. Washington
• Decided: January 26, 2021
• Docket: 2:20-cv-00776
• Status: Unknown

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DOMINGO MONTAR-MORALES, 9 Plaintiff, Case No. C20-776-TSZ-MLP 10 v. PRETRIAL SCHEDULING ORDER 11 JON P. PICKERING, et al., et al., 12 Defendant. 13

14 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Defendant has filed an 15 answer to Plaintiff’s complaint. (Dkt. # 17.) Accordingly, the Court hereby establishes the 16 following pretrial schedule: 17 (1) Discovery 18 All discovery shall be completed by May 26, 2021. Service of responses to 19 interrogatories, requests for production, and requests for admissions, and the taking of 20 depositions, shall be completed by this date. The Federal Rules of Civil Procedure require that 21 responses to discovery requests be served within thirty (30) days after service. See Fed. R. Civ. 22 P. 30, 33(b)(2), 34(b)(2)(A), 36(a)(3). The serving party, therefore, must serve his/her discovery 23 1 requests at least thirty (30) days before the deadline in order to allow the other party time to 2 answer. 3 (2) Dispositive Motions 4 Any dispositive motion and supporting affidavits, declarations, or other evidence shall be

5 filed and served on or before June 25, 2021. Pursuant to LCR 7(b), any argument being offered 6 in support of a motion shall be submitted as a part of the motion itself and not in a separate 7 document. The motion shall include in its caption (immediately below the title of the motion) a 8 designation of the date the motion is to be noted for consideration upon the Court’s motion 9 calendar. Dispositive motions shall be noted for consideration on a date no earlier than the fourth 10 Friday following filing and service of the motion. LCR 7(d)(3). 11 All briefs and supporting evidence in opposition to any motion shall be filed and served 12 pursuant to the requirements of Rule 7 of the Federal Rules of Civil Procedure and LCR 7. The 13 party making a motion may file and serve a reply to the opposing party’s brief. 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. 16 Defendants are reminded that they MUST serve a Rand notice, in a separate document, 17 concurrently with motions for summary judgment so that pro se prisoner plaintiffs will have fair, 18 timely, and adequate notice of what is required of them in order to oppose such motions. Woods 19 v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set forth model language for 20 such notices: 21 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 22 Rule 56 tells you what you must do in order to oppose a motion for summary 23 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 1 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 2 end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations (or other sworn 3 testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 4 interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and 5 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 6 judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no 7 trial.

8 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). Defendants who fail to 9 file and serve the required Rand notice on the Plaintiff may have their motion stricken from the 10 Court’s calendar with leave to re-file. 11 (3) Joint Pretrial Statement 12 The parties are advised that a due date for filing a Joint Pretrial Statement may be 13 established at a later date pending the outcome of any dispositive motions. 14 (4) Proof of Service and Sanctions 15 All motions, pretrial statements and other filings shall be accompanied by proof that such 16 documents have been served upon counsel for the opposing party or upon any party acting pro 17 se. The proof of service shall show the day and manner of service and may be by written 18 acknowledgment of service, by certificate of a member of the bar of this Court, by affidavit of 19 the person who served the papers, or by any other proof satisfactory to the Court. Failure to 20 comply with the provisions of the Order can result in dismissal/default judgment or other 21 appropriate sanctions. 22 // 23 // 1 (5) The Clerk of Court is directed to send a copy of this Order to Plaintiff and to 2 counsel for Defendants. 3 Dated this 26th day of January, 2021. 4

5 A 6 MICHELLE L. PETERSON United States Magistrate Judge 7

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