Quinlan v. City of Seattle

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 TERRANCE JOE QUINLAN, Case No. C22-445 TSZ-TLF 7 Plaintiff, v. ORDER DIRECTING SERVICE 8 CITY OF SEATTLE, 9 Defendants. 10

11 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is 12 proceeding with this action pro se and in forma pauperis. Plaintiff is currently 13 incarcerated at the Washington State Penitentiary and is subject to Mandatory 14 Electronic E-Filing pursuant to General Orders 02-15 and 06-16. The Court, having 15 reviewed plaintiff’s complaint, hereby ORDERS as follows: 16 (1) Consent 17 The Clerk is directed to issue the Notice of Option of Consent to Magistrate 18 Judge Theresa L. Fricke. 19 (2) Service by Clerk 20 The Clerk is directed to send the following to the City of Seattle via First Class 21 mail: copies of plaintiff’s complaint, this Order, a copy of the Notice of Option to 22 Consent, the notice of lawsuit and request for waiver of service of summons, and a 23 waiver of service of summons. The Clerk is further directed send a copy of this Order 24 1 and a courtesy copy of plaintiff’s complaint to Seattle City Attorney’s Office by first 2 class mail. 3 (2) Response Required 4 Defendant(s) shall have thirty (30) days within which to return the enclosed

5 waiver of service of summons. A defendant who timely returns the signed waiver shall 6 have sixty (60) days after the date designated on the notice of lawsuit to file and serve 7 an answer to the complaint or a motion permitted under Rule 12 of the Federal Rules of 8 Civil Procedure. 9 A defendant who fails to timely return the signed waiver will be personally served 10 with a summons and complaint, and may be required to pay the full costs of such 11 service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant 12 who has been personally served shall file an answer or motion permitted under Rule 12 13 within twenty-one (21) days after service. 14 (3) Filing and Service by Parties, Generally

15 All attorneys admitted to practice before this Court are required to file documents 16 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s 17 website, www.wawd.uscourts.gov, for a detailed description of the requirements for 18 filing via CM/ECF. Plaintiff shall file all documents electronically. All filings must indicate 19 in the upper right hand corner the name of the magistrate judge to whom the document 20 is directed. 21 Any document filed with the Court must be accompanied by proof that it has 22 been served upon all parties that have entered a notice of appearance in the underlying 23

24 1 matter. Plaintiffs shall indicate the date the document is submitted for e-filing as the date 2 of service. 3 (4) Motions, Generally 4 Any request for court action shall be set forth in a motion, properly filed and

5 served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall 6 be submitted as a part of the motion itself and not in a separate document. The motion 7 shall include in its caption (immediately below the title of the motion) a designation of 8 the date the motion is to be noted for consideration upon the Court’s motion calendar. 9 Stipulated and agreed motions, motions to file over-length motions or briefs, 10 motions for reconsideration, joint submissions pursuant to the option procedure 11 established in LCR 37(a)(2), motions for default, requests for the clerk to enter default 12 judgment, and motions for the court to enter default judgment where the opposing party 13 has not appeared shall be noted for consideration on the day they are filed. See LCR 14 7(d)(1). All other non-dispositive motions shall be noted for consideration no earlier than

15 the third Friday following filing and service of the motion. See LCR 7(d)(3). All 16 dispositive motions shall be noted for consideration no earlier than the fourth Friday 17 following filing and service of the motion. Id. 18 For electronic filers, all briefs and affidavits in opposition to either a dispositive or 19 non-dispositive motion shall be filed and served not later than 11:59 p.m. on the 20 Monday immediately preceding the date designated for consideration of the motion. 21 The party making the motion may electronically file and serve not later than 22 11:59 p.m. on the date designated for consideration of the motion, a reply to the 23 opposing party’s briefs and affidavits.

24 1 (5) Motions to Dismiss and Motions for Summary Judgment 2 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 3 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules 4 of Civil Procedure should acquaint themselves with those rules. As noted above, these

5 motions shall be noted for consideration no earlier than the fourth Friday following filing 6 and service of the motion. 7 Defendants filing motions to dismiss based on a failure to exhaust or motions for 8 summary judgment are advised that they MUST serve a Rand notice concurrently with 9 motions to dismiss based on a failure to exhaust and motions for summary judgment so 10 that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is 11 required of them in order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 12 (9th Cir. 2012). The Ninth Circuit has set forth model language for such notices: 13 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 14 Rule 56 tells you what you must do in order to oppose a motion for 15 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no 16 real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment 17 as a matter of law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly 18 supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out 19 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in 20 Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a genuine 21 issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may 22 be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. 23 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). 24 1 Defendants who fail to file and serve the required Rand notice on plaintiff may 2 have their motion stricken from the Court’s calendar with leave to re-file. 3 (6) Direct Communications with District Judge or Magistrate Judge 4 No direct communication is to take place with the District Judge or Magistrate

5 Judge with regard to this case. All relevant information and papers are to be directed to 6 the Clerk. 7 (7) The Clerk is directed to send copies of this Order to plaintiff. 8 9 Dated this 8th day of November, 2022. 10 11 A 12 Theresa L. Fricke 13 United States Magistrate Judge

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