United States District Court, W.D. Washington, Seattle
STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE
RICHARD A. JONES
Honorable Richard A. Jones United States District Judge.
THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN
SOME RESPECTS FROM THE LOCAL RULES.
Plaintiffs) must immediately serve this Order on all
Defendant(s) along with the Summons and Complaint.
If this case was assigned to this Court after being removed
from state court, the Defendant(s) who removed the case must
serve this Order on all other parties.
case has been assigned to Judge Richard A. Jones. To secure
the just, speedy, and inexpensive determination of this
action, counsel are ordered to familiarize themselves with
the Federal Rules of Civil Procedure (“Fed. R. Civ.
P.”) and the Local Rules (“L.R.”) of the
Western District of Washington.
Mandatory Chambers Copies: Mandatory
chambers copies are required for all e-filed opposed
motions, responses, replies, and surreplies, and all
supporting documentation relating to opposed motions,
responses, replies, and surreplies, regardless of page
Service of Pleadings: Plaintiff must
promptly serve the Complaint in accordance with Fed.R.Civ.P.
4 and file proof of service. Any defendant not timely served
will be dismissed from the action. Any “Doe” or
fictitiously named defendant who is not identified and served
within 90 days after the case is filed will be dismissed
pursuant to Fed.R.Civ.P. 4(m).
Temporary Restraining Orders and
Injunctions: Parties seeking emergency or
provisional relief must comply with Fed.R.Civ.P. 65 and L.R.
Actions Invoking Subject Matter Jurisdiction Based on
Diversity: The burden of persuasion for establishing
diversity jurisdiction rests on the party asserting it and
must be supported by competent proof. To determine a
corporation's “principal place of business”
for the purposes of diversity jurisdiction, the Court will
apply the “nerve center” test, which was adopted
by the U.S. Supreme Court in Hertz Corp. v. Friend,
559 U.S. 77 (2010). The “nerve center” test looks
to the single location where the “corporation's
high level officers direct, control, and coordinate the
corporation's activities.” Id. at 80. The
“nerve center” will typically be the
corporation's headquarters, provided that the
headquarters is the actual center of direction, control, and
coordination, and not simply an office where the corporation
holds its board meetings. Id. at 81. Further, the
court reminds plaintiffs that they must allege the
citizenship of each owner/member of any defendant that is a
limited liability company. See Johnson v. Columbia Props.
Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)
(“We therefore join our sister circuits and hold that,
like a partnership, an LLC is a citizen of every state of
which its owners/members are citizens.”). If a party
seeks to remove an action to this Court on the basis of
diversity in a case where it is not clear from the Complaint
that more than $75, 000 is in controversy, the removing party
must prove by a preponderance of the evidence that the amount
in controversy meets the jurisdictional threshold.
Matheson v. Progressive Specialty Ins. Co., 319 F.3d
1089, 1090 (9th Cir. 2003). The Court will consider facts
presented in the removal petition as well as any
summary-judgment-type evidence relevant to the amount in
controversy at time of removal. Id. Conclusory
allegations as to the amount in controversy are insufficient.
Id. Parties must file an Amended Complaint or
Amended Notice of Removal within fifteen days from
the date the action is assigned to Judge Jones if
there is a doubt as to whether they have established the
citizenship of the parties or whether they have established
the amount in controversy. Failure to comply may result in
dismissal or remand.
Meet and Confer Requirement: For all cases,
except applications for temporary restraining orders, counsel
contemplating the filing of any motion shall first
contact opposing counsel to discuss thoroughly,
preferably in person, the substance of the
contemplated motion and any potential resolution.
The Court construes this requirement strictly. Half-hearted
attempts at compliance with this rule will not satisfy
counsel's obligation. The parties must discuss the
substantive grounds for the motion and attempt to reach an
accord that would eliminate the need for the motion. The
Court strongly emphasizes that discussions of the substance
of contemplated motions are to take place, if at all
possible, in person. All motions must include a
declaration by counsel briefly describing the parties'
discussion and attempt to eliminate the need for the motion
and the date of such discussion. Filings not in compliance
with this rule may be stricken.
Applications to Seal Documents: It is the
Court, not the parties, that determines whether a document
can be filed under seal. The Court will only permit filings
under seal if the party seeking to seal the information
demonstrates why the public's traditional right of access
to court documents and the public policies favoring
disclosure are outweighed by good cause (if the motion is not
case-dispositive) or compelling reasons (if the motion is
case-dispositive or the information is included in the
operative complaint) that support keeping the information
under seal. The fact that a party has designated a particular
document “Confidential” is not sufficient to
convince the Court that good cause or compelling reasons
exist to seal that document.
Attorney's Fees Motions: All motions
seeking attorney's fees must be accompanied by an
appropriate declaration that attaches all relevant timesheets
Discovery and Initial Disclosures: The
parties shall not file initial disclosures and other
discovery on the court's docket, unless such discovery is
the subject of a motion.
Legal Citations: All motions, oppositions,
and replies must be supported by relevant legal authority.
Citations should be in Blue Book format and must be included
in the body of the briefing - ...