Perez v. Cogburn

• Court: District Court, W.D. Washington
• Decided: January 8, 2020
• Docket: 2:18-cv-01800
• Status: Unknown

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 DANIEL JAY PEREZ, 9 Plaintiff, CASE NO. C18-1800-JLR-BAT 10 v. AMENDED PRETRIAL SCHEDULING ORDER 11 CALVIN COGBURN, et al., 12 Defendant.

13 Plaintiff, proceeding pro se in this 42 U.S.C. §1983 civil rights action, filed a Second 14 Amended Complaint naming a new defendant. Dkt. 82. Defendants have now filed an Answer to 15 plaintiff’s Second Amended Complaint. Dkt. 90. The Court therefore issues this amended 16 pretrial scheduling order. The Court ORDERS: 17 DISCOVERY 18 Discovery is the process by which one party asks another party to provide relevant 19 information about the case. A party should not file discovery requests or discovery materials 20 with the court unless the party is moving to compel, seeking a protective order, or is otherwise 21 supporting a motion. A party seeking discovery must serve a discovery request on the other 22 party. There are several ways to ask for discovery including: depositions in which one party asks 23 another person questions about the lawsuit; interrogatories in which written questions are served 1 on another party; and requests for production in which a written request to provide documents 2 relevant to the lawsuit is served on another party. See Rules 30, 33 and 34 of the Federal Rules 3 of Civil Procedure. 4 All discovery in this case must be completed by April 8, 2020. This includes serving

5 responses to interrogatory questions and requests for production, and the completion of all 6 depositions. Responses to interrogatory questions and requests for production must be served 7 not later than 30 days after service of the discovery requests. The serving party, therefore, must 8 serve his/her discovery requests by March 6, 2020, so that the responding party can answer by 9 the discovery cut-off. See Rules 33(b) and 34(b)(2) of the Federal Rules of Civil Procedure. 10 DISCOVERY DISPUTES 11 From time to time disputes over whether discovery has been properly provided arise. If a 12 discovery dispute arises, a party must fulfill the Court’s meet and confer requirements before 13 filing a motion to compel discovery. See Local Rule 37. The local rule requires the party seeking 14 discovery to make a good faith effort to confer with the opposing party either through a face-to-

15 face meeting or a telephone conference. Any motion to compel discovery must include a written 16 certification that the moving party has in good faith effort either met and conferred or attempted 17 to meet and confer. A motion to compel that lacks such a certification will be summarily denied. 18 MOTIONS 19 A motion is a formal request that asks the Court to take certain action. All argument in 20 support of the motion must be set forth in the motion itself and not in a separate document. See 21 Local Rule CR 7(b)(1). Each motion, together with a proposed order, must be served on the 22 opposing party so that the opposing party has an opportunity to respond. In addition, each 23 1 motion must state in its caption, right below the motion’s title, a noting date. The noting 2 date is the date the Court will review your motion. 3 • Note the following motions for the day they are filed: (1) stipulated or agreed motions; (2) motions to file over-length motions or briefs; 4 (3) motions for reconsideration; (4) joint submissions pursuant to the optional procedure established in CR 37(a)(1)(B); (5) motions for 5 default and default judgment; and (6) ex parte motions.

6 • Note all other non-dispositive motions for the third Friday after filing and service of the motion. 7 • Note all dispositive motions (dismissal and summary judgment) and 8 motions for preliminary injunction for the fourth Friday after filing and service of the motion. See Local Rule CR 7(d) for complete rules 9 on noting dates.

10 Any dispositive motion shall be filed and served on or before May 8, 2020. If a motion 11 for summary judgment is filed, it is important for the opposing party to note the following: 12 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 13 Rule 56 tells you what you must do in order to oppose a motion for 14 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if 15 there is no real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled 16 to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for summary judgment that is 17 properly supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you 18 must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in 19 Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a genuine 20 issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, 21 may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. 22 Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (emphasis added). 23 1 Defendants MUST serve Rand and Wyatt notices concurrently with motions to dismiss 2 and motions for summary judgment so that pro se prisoner plaintiffs will have fair, timely and 3 adequate notice of what is required of them in order to oppose those motions. Woods v. Carey, 4 684 F3.d 934, 942 (9th Cir. 2012). The Ninth Circuit’s model language for such notices is noted

5 above. Defendants who do not file and serve, in a separate document, the required Rand and 6 Wyatt notices may face (a) immediate striking of their motions with leave to refile and 7 (b) possible monetary sanctions. 8 JOINT PRETRIAL STATEMENT 9 A Joint Pretrial Statement deadline will be established at a later date, pending the outcome 10 of any motions for dismissal or summary judgment. 11 PROOF OF SERVICE AND SANCTIONS 12 All motions, pretrial statements, and other filings must be accompanied by proof that 13 such documents were served upon the opposing party’s lawyer or upon any party acting pro se. 14 The proof must show the day and manner of service and may be by written acknowledgment of

15 service, by certificate of a member of the bar of this court, by affidavit of the person who served 16 the papers, or by any other proof satisfactory to the court. 17 Failure to comply with the provisions of this Order can result in dismissal of the case or 18 other appropriate sanctions. The Clerk of Court is directed to send a copy of this Order to 19 plaintiff and to counsel for defendant. 20 DATED this 8th day of January, 2020. 21 A 22 BRIAN A. TSUCHIDA United States Magistrate Judge 23