United States District Court, W.D. Washington, Seattle
SCOTT P. LESHOWITZ, Plaintiff,
MICHAEL BISSON, Defendant.
PRETRIAL SCHEDULING ORDER AND ORDER ADDRESSING
PLAINTIFF'S LETTER REQUESTING DISCOVERY.
A. TSUCHIDA United States Magistrate Judge.
23, 2017, plaintiff filed a letter requesting discovery. Dkt.
27. Defendant has filed an Answer to plaintiff's pro
se Complaint. Dkt. 26. The Court therefore
is the process by which one party asks another party to
provide relevant information about the case. A party should
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 Plaintiff should serve
all requests for discovery, including that identified in his
letter dated May 21, 2017, and filed on the Court's
docket on May 23, 2017 (Dkt. 27), on the defendant in this
discovery in this case must be completed by September 25,
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 by August
25, 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 motion.
• 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
November 9, 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 ...