6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA
8 ECHOTA WOLFCLAN,
9 Plaintiff, Case No. C23-5938-JLR-MLP
10 v. ORDER DIRECTING SERVICE OF 11 JILMA MENESSES, et al., AMENDED COMPLAINT
12 Defendants.
14 This is a 42 U.S.C. § 1983 prisoner civil rights action asserting claims under the United 15 States Constitution and Washington State law. Plaintiff Echota Wolfclan (“Plaintiff”) is 16 proceeding with this action pro se and in forma pauperis. On December 8, 2023, this Court 17 directed service of Plaintiff’s original § 1983 complaint. (Dkt. # 14.) On December 20, 2023, 18 Plaintiff filed a motion to amend his complaint pursuant to Federal Rule of Civil Procedure 15, 19 and on December 28, 2023, he submitted a copy of his proposed amended complaint in support 20 of his motion. (Dkt. ## 15-16.) 21 Rule 15(a)(1) provides that a party may amend its complaint once as a matter of course 22 within 21 days after serving it—or if the pleading is one to which a responsive pleading is 23 required—21 days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f), ORDER DIRECTING SERVICE
OF COMPLAINT - 1 1 whichever is earlier. Fed. R. Civ. P. 15(a)(1). Here, Plaintiff’s amended complaint was timely 2 filed to permit amendment as a matter of course. The Court further observes that the previously 3 served Defendants submitted waivers of service of summons on January 2, 2024, but have yet to
4 submit a responsive pleading or motion to Plaintiff’s original complaint, and that the previously 5 served Defendants will not be required to submit a responsive pleading or motion until February 6 9, 2024. (See dkt. ## 18-21.) 7 Accordingly, the Court, having reviewed Plaintiff’s submissions, and recognizing 8 Plaintiff’s addition of Defendants in his amended pleading, hereby ORDERS as follows: 9 (1) Plaintiff’s motion to amend his complaint (dkt. # 15) is STRICKEN as the motion 10 is unnecessary. 11 (2) Service by Clerk 12 The Clerk is directed to send to Assistant Secretary of the Washington State Department 13 of Social and Health Services Kevin Bovenkamp and Western State Hospital Medical Director
14 Brian Waiblinger by e-mail: a copy of Plaintiff’s amended complaint (dkt. # 16), a copy of this 15 Order, a copy of the notice of lawsuit and request for waiver of service of summons, and a 16 waiver of service of summons. 17 (3) Response Required 18 Defendant shall have thirty (30) days within which to return the enclosed waiver of 19 service of summons. If Defendant timely returns a signed waiver, it shall have sixty (60) days 20 after the date designated on the notice of lawsuit to file and serve an answer or a motion 21 permitted under Rule 12 of the Federal Rules of Civil Procedure. If Defendant fails to timely 22 return a signed waiver, the Court will direct that service be effectuated under Rule 4(j) of the 23 Federal Rules of Civil Procedure, and Defendant may be required to pay the full costs of such ORDER DIRECTING SERVICE
OF COMPLAINT - 2 1 service, pursuant to Rule 4(d)(2). A defendant who has been personally served shall file an 2 answer or motion permitted under Rule 12 within twenty-one (21) days after service. 3 (4) Filing and Service by Parties, Generally
4 All attorneys admitted to practice before this Court are required to file documents 5 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 6 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 7 Plaintiff shall file all documents electronically. All filings must indicate in the upper right-hand 8 corner the name of the magistrate judge to whom the document is directed. 9 Any document filed with the Court must be accompanied by proof that it has been served 10 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall 11 indicate the date the document is submitted for e-filing as the date of service. 12 (5) Motions, Generally 13 Any request for court action shall be set forth in a motion, properly filed and served.
14 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 15 part of the motion itself and not in a separate document. The motion shall include in its caption 16 (immediately below the title of the motion) a designation of the date the motion is to be noted for 17 consideration upon the Court’s motion calendar. 18 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 19 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2), 20 motions for default, requests for the clerk to enter default judgment, and motions for the court to 21 enter default judgment where the opposing party has not appeared shall be noted for 22 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions shall 23 be noted for consideration no earlier than the third Friday following filing and service of the ORDER DIRECTING SERVICE
OF COMPLAINT - 3 1 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than 2 the fourth Friday following filing and service of the motion. Id. 3 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non-
4 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 5 immediately preceding the date designated for consideration of the motion. The party making the 6 motion may electronically file and serve, not later than 11:59 p.m. on the date designated for 7 consideration of the motion, a reply to the opposing party’s briefs and affidavits. 8 (6) Motions to Dismiss and Motions for Summary Judgment 9 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 10 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 11 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 12 noted for consideration no earlier than the fourth Friday following filing and service of the 13 motion.
14 Defendants filing motions to dismiss or motions for summary judge are advised that they 15 MUST serve Rand notices concurrently with motions to dismiss and motions for summary 16 judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is 17 required of them in order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 18 2012). The Ninth Circuit has set forth model language for such notices: 19 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 20 Rule 56 tells you what you must do in order to oppose a motion for 21 summary judgment.
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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA
8 ECHOTA WOLFCLAN,
9 Plaintiff, Case No. C23-5938-JLR-MLP
10 v. ORDER DIRECTING SERVICE OF 11 JILMA MENESSES, et al., AMENDED COMPLAINT
12 Defendants.
14 This is a 42 U.S.C. § 1983 prisoner civil rights action asserting claims under the United 15 States Constitution and Washington State law. Plaintiff Echota Wolfclan (“Plaintiff”) is 16 proceeding with this action pro se and in forma pauperis. On December 8, 2023, this Court 17 directed service of Plaintiff’s original § 1983 complaint. (Dkt. # 14.) On December 20, 2023, 18 Plaintiff filed a motion to amend his complaint pursuant to Federal Rule of Civil Procedure 15, 19 and on December 28, 2023, he submitted a copy of his proposed amended complaint in support 20 of his motion. (Dkt. ## 15-16.) 21 Rule 15(a)(1) provides that a party may amend its complaint once as a matter of course 22 within 21 days after serving it—or if the pleading is one to which a responsive pleading is 23 required—21 days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f), ORDER DIRECTING SERVICE
OF COMPLAINT - 1 1 whichever is earlier. Fed. R. Civ. P. 15(a)(1). Here, Plaintiff’s amended complaint was timely 2 filed to permit amendment as a matter of course. The Court further observes that the previously 3 served Defendants submitted waivers of service of summons on January 2, 2024, but have yet to
4 submit a responsive pleading or motion to Plaintiff’s original complaint, and that the previously 5 served Defendants will not be required to submit a responsive pleading or motion until February 6 9, 2024. (See dkt. ## 18-21.) 7 Accordingly, the Court, having reviewed Plaintiff’s submissions, and recognizing 8 Plaintiff’s addition of Defendants in his amended pleading, hereby ORDERS as follows: 9 (1) Plaintiff’s motion to amend his complaint (dkt. # 15) is STRICKEN as the motion 10 is unnecessary. 11 (2) Service by Clerk 12 The Clerk is directed to send to Assistant Secretary of the Washington State Department 13 of Social and Health Services Kevin Bovenkamp and Western State Hospital Medical Director
14 Brian Waiblinger by e-mail: a copy of Plaintiff’s amended complaint (dkt. # 16), a copy of this 15 Order, a copy of the notice of lawsuit and request for waiver of service of summons, and a 16 waiver of service of summons. 17 (3) Response Required 18 Defendant shall have thirty (30) days within which to return the enclosed waiver of 19 service of summons. If Defendant timely returns a signed waiver, it shall have sixty (60) days 20 after the date designated on the notice of lawsuit to file and serve an answer or a motion 21 permitted under Rule 12 of the Federal Rules of Civil Procedure. If Defendant fails to timely 22 return a signed waiver, the Court will direct that service be effectuated under Rule 4(j) of the 23 Federal Rules of Civil Procedure, and Defendant may be required to pay the full costs of such ORDER DIRECTING SERVICE
OF COMPLAINT - 2 1 service, pursuant to Rule 4(d)(2). A defendant who has been personally served shall file an 2 answer or motion permitted under Rule 12 within twenty-one (21) days after service. 3 (4) Filing and Service by Parties, Generally
4 All attorneys admitted to practice before this Court are required to file documents 5 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 6 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 7 Plaintiff shall file all documents electronically. All filings must indicate in the upper right-hand 8 corner the name of the magistrate judge to whom the document is directed. 9 Any document filed with the Court must be accompanied by proof that it has been served 10 upon all parties that have entered a notice of appearance in the underlying matter. Plaintiff shall 11 indicate the date the document is submitted for e-filing as the date of service. 12 (5) Motions, Generally 13 Any request for court action shall be set forth in a motion, properly filed and served.
14 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 15 part of the motion itself and not in a separate document. The motion shall include in its caption 16 (immediately below the title of the motion) a designation of the date the motion is to be noted for 17 consideration upon the Court’s motion calendar. 18 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 19 reconsideration, joint submissions pursuant to the option procedure established in LCR 37(a)(2), 20 motions for default, requests for the clerk to enter default judgment, and motions for the court to 21 enter default judgment where the opposing party has not appeared shall be noted for 22 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions shall 23 be noted for consideration no earlier than the third Friday following filing and service of the ORDER DIRECTING SERVICE
OF COMPLAINT - 3 1 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than 2 the fourth Friday following filing and service of the motion. Id. 3 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non-
4 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 5 immediately preceding the date designated for consideration of the motion. The party making the 6 motion may electronically file and serve, not later than 11:59 p.m. on the date designated for 7 consideration of the motion, a reply to the opposing party’s briefs and affidavits. 8 (6) Motions to Dismiss and Motions for Summary Judgment 9 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 10 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 11 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 12 noted for consideration no earlier than the fourth Friday following filing and service of the 13 motion.
14 Defendants filing motions to dismiss or motions for summary judge are advised that they 15 MUST serve Rand notices concurrently with motions to dismiss and motions for summary 16 judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is 17 required of them in order to oppose those motions. Woods v. Carey, 684 F.3d 934, 941 (9th Cir. 18 2012). The Ninth Circuit has set forth model language for such notices: 19 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 20 Rule 56 tells you what you must do in order to oppose a motion for 21 summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real 22 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 23 law, which will end your case. When a party you are suing makes a ORDER DIRECTING SERVICE
OF COMPLAINT - 4 1 motion for summary judgment that is properly supported by declarations (or other sworn testimony), you cannot simply rely on what your 2 complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, 3 as provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and documents and show that there is a 4 genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be 5 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). 7 Defendants who fail to file and serve the required Rand notice on plaintiff may have their 8 motion stricken from the Court’s calendar with leave to re-file. 9 (7) Direct Communications with District Judge or Magistrate Judge 10 No direct communication is to take place with the District Judge or Magistrate Judge with 11 regard to this case. All relevant information and papers are to be directed to the Clerk. 12 (8) The Clerk is directed to send a copy of this Order to the parties. The Clerk is 13 further directed to send a copy of this Order and a courtesy copy of Plaintiff’s amended 14 complaint to the Washington Attorney General’s Office. 15 Dated this 3rd day of January, 2024. 16
17 A 18 MICHELLE L. PETERSON United States Magistrate Judge 19 20
22 23 ORDER DIRECTING SERVICE
OF COMPLAINT - 5