Seebach v. Strange

Opinion

WESTERN DISTRICT OF WASHINGTON

9 Plaintiff, Case No. C23-5219-JNW-MLP

10 v. ORDER DIRECTING SERVICE OF CORRECTIONS, 12 Defendant. 13

14 This is a civil action asserting claims under Title II of the Americans with Disabilities 15 Act. Plaintiff is proceeding with this action pro se and in forma pauperis. The Court, having 16 reviewed Plaintiff’s second amended complaint, hereby ORDERS as follows: 17 (1) Service by Clerk 18 The Clerk is direct to send to the Washington Department of Corrections, by e-mail: a 19 copy of Plaintiff’s second amended complaint (dkt. # 16), a copy of this Order, a copy of the 20 notice of lawsuit and request for waiver of service of summons, and a waiver of service of 21 summons. 22 23 ORDER DIRECTING SERVICE 1 (2) Response Required 2 Defendant shall have thirty (30) days within which to return the enclosed waiver of 3 service of summons. If Defendant timely returns a signed waiver, it shall have sixty (60) days

4 after the date designated on the notice of lawsuit to file and serve an answer or a motion 5 permitted under Rule 12 of the Federal Rules of Civil Procedure. If Defendant fails to timely 6 return a signed waiver, the Court will direct that service be effectuated under Rule 4(j) of the 7 Federal Rules of Civil Procedure, and Defendant may be required to pay the full costs of such 8 service, pursuant to Rule 4(d)(2). 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 shall file all documents electronically. All filings must indicate in the upper right-hand 15 corner the name of the magistrate judge to whom the document is directed. 16 Any document filed with the Court must be accompanied by proof that it has been served 17 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall 18 indicate the date the document is submitted for e-filing as the date of service. 19 (4) Motions, Generally 20 Any request for court action shall be set forth in a motion, properly filed and served. 21 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 22 part of the motion itself and not in a separate document. The motion shall include in its caption 23

ORDER DIRECTING SERVICE 1 (immediately below the title of the motion) a designation of the date the motion is to be noted for 2 consideration upon the Court’s motion calendar. 3 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for

4 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2), 5 motions for default, requests for the clerk to enter default judgment, and motions for the court to 6 enter default judgment where the opposing party has not appeared shall be noted for 7 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions shall 8 be noted for consideration no earlier than the third Friday following filing and service of the 9 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than 10 the fourth Friday following filing and service of the motion. Id. 11 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 12 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 13 immediately preceding the date designated for consideration of the motion. The party making the

14 motion may electronically file and serve, not later than 11:59 p.m. on the date designated for 15 consideration of the motion, a reply to the opposing party’s briefs and affidavits. 16 (5) Motions to Dismiss and Motions for Summary Judgment 17 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 18 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 19 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 20 noted for consideration no earlier than the fourth Friday following filing and service of the 21 motion. 22 Defendants filing motions to dismiss or motions for summary judge are advised that they 23 MUST serve Rand notices concurrently with motions to dismiss and motions for summary

ORDER DIRECTING SERVICE 1 judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is 2 required of them in order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 3 2012). The Ninth Circuit has set forth model language for such notices:

4 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 5 Rule 56 tells you what you must do in order to oppose a motion for 6 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real 7 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 8 law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations 9 (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, 10 depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the 11 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 12 evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will 13 be dismissed and there will be no trial.

14 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added). 15 Defendants who fail to file and serve the required Rand notice on plaintiff may have their 16 motion stricken from the Court’s calendar with leave to re-file. 17 (6) Direct Communications with District Judge or Magistrate Judge 18 No direct communication is to take place with the District Judge or Magistrate Judge with 19 regard to this case. All relevant information and papers are to be directed to the Clerk. 20 // 21 // 22 // 23 ORDER DIRECTING SERVICE 1 (7) The Clerk is directed to send a copy of this Order to Plaintiff. The Clerk is further 2 directed to send a copy of this Order and a courtesy copy of Plaintiff’s second amended 3 complaint to the Washington Attorney General’s Office.

4 Dated this 21st day of September, 2023.

5 A 6

MICHELLE L. PETERSON 7 United States Magistrate Judge

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DIRECTING SERVICE