United States District Court, W.D. Washington, Seattle
PRETRIAL SCHEDULING ORDER
A. TSUCHIDA, UNITED STATES MAGISTRATE JUDGE
has filed an Answer to plaintiff William Fredrick
Jensen's pro se Complaint. The Court therefore
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 November
23, 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 October 26,
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
• 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 dates.
dispositive motion shall be filed and served on or before
December 23, 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 ...