United States District Court, W.D. Washington, Seattle
ROBERT L. KING, Plaintiff,
LT. STACH, et al., Defendants.
PRETRIAL SCHEDULING ORDER
A TSUCHIDA, UNITED STATES MAGISTRATE JUDGE
have filed an Answer to plaintiff Robert L. King's pro se
Amended Complaint. The Court therefore ORDERS:
is the process by which one party asks another party to
provide relevant information about the case. A party need not
file discovery requests or discovery materials with the court
unless the party is moving to compel, seeking a protective
order, or is otherwise supporting a motion. A party seeking
discovery must serve a discovery request on the other party.
There are several ways to ask for discovery including:
depositions in which one party asks another person questions
about the lawsuit; interrogatories in which written questions
are served on another party; and requests for production in
which a written request to provide documents relevant to the
lawsuit is served on another party. See Rules 30, 33
and 34 of the Federal Rules of Civil Procedure.
discovery in this case must be completed by May 22, 2017.
This includes serving responses to interrogatory questions
and requests for production, and the completion of all
depositions. Responses to interrogatory questions and
requests for production must be served not later than 30 days
after service of the discovery requests. The serving party,
therefore, must serve his/her discovery requests no later
than April 22, 2017 so that the responding party can answer
by the discovery cut-off. See Rules 33(b) and
34(b)(2) of the Federal Rules of Civil Procedure.
motion is a formal request that asks the Court to take
certain action. All argument in support of the motion must be
set forth in the motion itself and not in a separate
document. See Local Rule CR 7(b)(1). Each motion,
together with a proposed order, must be served on the
opposing party so that the opposing party has an opportunity
to respond. In addition, each motion must state in its
caption, right below the motion's title, a noting date.
The noting date is the date the Court will review your
• Note the following motions for the day they are filed:
(1) stipulated or agreed motions; (2) motions to file
over-length motions or briefs; (3) motions for
reconsideration; (4) joint submissions pursuant to the
optional procedure established in CR 37(a)(1)(B); (5) motions
for default and default judgment; and (6) ex parte motions.
• Note all other non-dispositive motions for the third
Friday after filing and service of the motion.
• Note all dispositive motions (dismissal and summary
judgment) and motions for preliminary injunction for the
fourth Friday after filing and service of the motion.
See Local Rule CR 7(d) for complete rules on noting
dispositive motion shall be filed and served on or before
June 21, 2017. If a motion for summary judgment is filed, it
is important for the opposing party to note the following:
A motion for summary judgment under Rule 56 of the Federal
Rules of Civil Procedure will, if granted, end your case.
Rule 56 tells you what you must do in order to oppose a
motion for summary judgment. Generally, summary judgment must
be granted 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, 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 suing makes a
motion for summary judgment that is properly supported by
declarations (or other sworn testimony), you cannot simply
rely on what your complaint says. Instead, you must set out
specific facts in declarations, depositions, answers to
interrogatories, or authenticated documents, as provided in
Rule 56(e), that contradict the facts shown in the
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 evidence in opposition, summary
judgment, if appropriate, may be entered against you. If
summary judgment is granted, your case will be dismissed and
there will be no trial.
Rand v. Rowland,
154 F.3d 952, 962-63 (9th Cir.
1998) (emphasis added). Furthermore, Local Rule CR 7(b)(2)
states that a party's failure to file necessary documents
in opposition to a motion for summary judgment may be deemed
by the court to be ...