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Laigo v. King County

United States District Court, W.D. Washington, Seattle

February 15, 2018

BENJAMIN ANDREW LAIGO, Plaintiff,
v.
KING COUNTY, et al., Defendants.

          ORDER REGARDING AMENDED COMPLAINT AND DIRECTING SERVICE BY FIRST-CLASS MAIL AND PROCEDURES

          MARY ALICE THEILER UNITED STATES MAGISTRATE JUDGE

         This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. The Court previously granted plaintiff's motion to amend to identify Doe defendants and directed plaintiff to submit any amended complaint on or before January 31, 2018. (Dkt. 76.) Plaintiff timely filed two amended complaints, both of which are sixty-two pages in length, appear to be identical, and identify thirty-nine individual defendants. (Dkts. 78 & 79.) Because the later-filed amended pleading is accompanied by a greater number of attachments (see Dkt. 78 (240 pages in total) and Dkt. 79 (302 pages in total)), the Court herein construes that document (Dkt. 79) as the operative amended complaint.

         Now, having reviewed plaintiff's amended complaint and the balance of the record, the Court hereby ORDERS as follows:

         (1) Service by Clerk

         The Clerk is directed to send to the thirty-nine individual defendants by first-class mail: a copy of the amended complaint (Dkt. 79 at 1-62), without the voluminous attachments, [1] a copy of this Order, two copies of the notice of lawsuit and request for waiver of service of summons, a waiver of service of summons, and a return envelope, postage prepaid, addressed to the Clerk's Office.

         (2) Response Required

         Defendants shall have thirty (30) days within which to return the enclosed waivers of service of summons. If a defendant timely returns the signed waiver, he shall have sixty (60) days after the date designated on the notice of lawsuit to file and serve an answer to the complaint or a motion permitted under Rule 12 of the Federal Rules of Civil Procedure.

         If a defendant fails to timely return the signed waiver, he will be personally served with a summons and amended complaint, and may be required to pay the full costs of such service, pursuant to Rule 4(d)(2) of the Federal Rules of Civil Procedure. A defendant who has been personally served shall file an answer or motion permitted under Rule 12 within thirty (30) days after service.

         (3) Filing and Service by Parties, Generally

         All attorneys admitted to practice before this Court are required to file documents electronically via the Court's CM/ECF system. Counsel are directed to the Court's website, www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original with the Clerk. All filings, whether filed electronically or in traditional paper format, must indicate in the upper right hand corner the name of the magistrate judge to whom the document is directed.

         For any party filing electronically, when the total of all pages of a filing exceeds fifty (50) pages in length, a paper copy of the document (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers. The chambers copy must be clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.”

         Any document filed with the Court must be accompanied by proof that it has been served upon all parties that have entered a notice of appearance in the underlying matter.

         (4) Motions, Generally

         Any request for court action shall be set forth in a motion, properly filed and served. Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a part of the motion itself and not in a separate document. The motion shall include in its caption (immediately below the title of the motion) a designation ...


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