Seijo v. Bradlow

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 JOSUE SEIJO, Case No. 2:22-cv-903-TSZ-TLF 7 Plaintiff, v. ORDER DIRECTING SERVICE OF 8 CIVIL RIGHTS COMPLAINT REBECCA BRADLOW, 9 Defendants. 10

11 This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff is 12 unrepresented by counsel. The Court, having reviewed plaintiff’s complaint, hereby 13 ORDERS as follows: 14 (1) Consent 15 The Clerk is directed to issue the Notice of Option of Consent to Magistrate 16 Judge Theresa L. Fricke. 17 (2) Service by Clerk 18 The Clerk is directed to send the following to defendants by first class mail: a 19 copy of plaintiff’s Amended Complaint, a copy of this Order, a copy of the Notice of 20 Option to Consent, two copies of the notice of lawsuit and request for waiver of service 21 of summons, a waiver of service of summons, and a return envelope, postage prepaid, 22 addressed to the Clerk’s Office. The Clerk shall also send courtesy copies of this Order 23 24 1 and the Amended Complaint to Rebecca Bradlow, Reid Sinclair Burkland, and Pedro 2 Melesio. 3 (3) 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 (4) 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. All non-attorneys, such as pro se parties and/or prisoners, may 19 continue to file a paper original with the Clerk. All filings, whether filed electronically or 20 in traditional paper format, must indicate in the upper right-hand corner the name of the 21 magistrate judge to whom the document is directed. 22 23

24 1 Any document filed with the Court must be accompanied by proof that it has 2 been served upon all parties that have entered a notice of appearance in the underlying 3 matter. 4 (5) Motions, Generally

5 Any request for court action shall be set forth in a motion, properly filed and 6 served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall 7 be submitted as a part of the motion itself and not in a separate document. The motion 8 shall include in its caption (immediately below the title of the motion) a designation of 9 the date the motion is to be noted for consideration upon the Court’s motion calendar. 10 Stipulated and agreed motions, motions to file over-length motions or briefs, 11 motions for reconsideration, joint submissions pursuant to the option procedure 12 established in LCR 37(a)(2), motions for default, requests for the clerk to enter default 13 judgment, and motions for the court to enter default judgment where the opposing party 14 has not appeared shall be noted for consideration on the day they are filed. See LCR

15 7(d)(1). All other non-dispositive motions shall be noted for consideration no earlier 16 than the third Friday following filing and service of the motion. See LCR 7(d)(3). All 17 dispositive motions shall be noted for consideration no earlier than the fourth Friday 18 following filing and service of the motion. Id. 19 For electronic filers, all briefs and affidavits in opposition to either a dispositive or 20 non-dispositive motion shall be filed and served not later than 11:59 p.m. on the 21 Monday immediately preceding the date designated for consideration of the motion. If a 22 party (i.e. a pro se litigant and/or prisoner) files a paper original, that opposition must be 23

24 1 received in the Clerk’s office by 4:30 p.m. on the Monday preceding the date of 2 consideration. 3 The party making the motion may file and serve, not later than 11:59 p.m. (if filing 4 electronically) or 4:30 p.m. (if filing a paper original with the Clerk’s office) on the date

5 designated for consideration of the motion, a reply to the opposing party’s briefs and 6 affidavits. 7 (6) Motions to Dismiss and Motions for Summary Judgment 8 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 9 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules 10 of Civil Procedure should acquaint themselves with those rules. As noted above, these 11 motions shall be noted for consideration no earlier than the fourth Friday following filing 12 and service of the motion. 13 Defendants filing motions to dismiss or motions for summary judgment are 14 advised that they MUST serve a Rand and/or Wyatt notice concurrently with motions to

15 dismiss and motions for summary judgment so that pro se prisoner plaintiffs will have 16 fair, timely and adequate notice of what is required of them in order to oppose those 17 motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 2012). The Ninth Circuit has set 18 forth model language for such notices: 19 A motion for summary judgment under Rule 56 of the Federal Rules 20 of Civil Procedure will, if granted, end your case.

21 Rule 56 tells you what you must do in order to oppose a motion for summary judgment. Generally, summary judgment must be granted 22 when there is no genuine issue of material fact – that is, if there is no real dispute about any fact that would affect the result of your case, 23 the party who asked for summary judgment is entitled to judgment as a matter of law, which will end your case. When a party you are 24 suing makes a motion for summary judgment that is properly 1 supported by declarations (or other sworn testimony), you cannot simply rely on what your complaint says. Instead, you must set out 2 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in 3 Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a genuine 4 issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may 5 be entered against you. If summary judgment is granted, your case will be dismissed and there will be no trial. 6 Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added); Wyatt v. Terhune, 7 315 F.3d 1108 (9th Cir. 2003). 8 Defendants who fail to file and serve the required Rand and Wyatt notice on 9 plaintiff may have their motion stricken from the Court’s calendar with leave to re-file. 10 (7) Direct Communications with District Judge or Magistrate Judge 11 No direct communication is to take place with the District Judge or Magistrate 12 Judge with regard to this case. All relevant information and papers are to be directed to 13 the Clerk. 14 (8) The Clerk is directed to send copies of this Order, the Notice of Consent, 15 and of the Court’s pro se instruction sheet to plaintiff. 16 Dated this 22nd day of March, 2023. 17 18 19 A 20 Theresa L. Fricke United States Magistrate Judge 21 22 23