United States District Court, W.D. Washington, Seattle
ORDER ON MISCELLANEOUS MOTIONS
MICHELLE L. PETERSON UNITED STATES MAGISTRATE JUDGE.
INTRODUCTION AND DISCUSSION
a 42 U.S.C. § 1983 prisoner civil rights action.
Currently before the Court are the following: (1)
Plaintiff's “Motion to Compel and Motion for Fines
and Sanctions” (dkt. # 110); (2) Plaintiff's
“Motion to Expedite” (dkt. # 111); (3)
Plaintiff's “Motion to Request Address/Email”
(dkt. # 114); (4) Defendants' “Motion to Extend
Discovery and Dispositive Motion Deadlines” (dkt. #
115); and (5) Plaintiff's “Motion in Support of
[Motion to Extend Deadlines]” (dkt. # 119). Having
considered the parties' submissions, the balance of the
record, and the governing law, the Court rules as follows.
Plaintiff's Motion to Compel
moves for an order compelling Defendants to respond to his
discovery requests. Defendants respond that Plaintiff failed
to sign his discovery requests as required by Federal Rule of
Civil Procedure 26(g), and therefore they are not required to
respond. In reply, Plaintiff indicates that he
signed each page of his discovery requests and resent them to
counsel for Defendants. It thus appears that the issue giving
rise to the motion to compel may have been resolved. The
Court, however, does not have sufficient information.
Accordingly, the Court will order Defendants to file a status
report regarding Plaintiff's discovery requests, whether
he has corrected the signing deficiency, and the status of
Plaintiff's Motion to Expedite
asks the Court to expedite ruling on his motion to compel
because the discovery deadline is September 19, 2019. As
discussed below, the Court extends the discovery deadline to
allow for resolution in due course of his motion to compel.
Accordingly, the Court will deny the motion to expedite.
Plaintiff's Motion Requesting the Court's
has two witnesses who wish to submit declarations in support
of his claims. Plaintiff states that the Department of
Corrections has denied the witnesses' efforts to provide
their statements to him. Plaintiff asks the Court to provide
an address, e-mail, or fax number for the two witnesses to
send their declarations to so that they can be entered on the
docket. Defendants did not object to this motion.
regular course, parties should only file evidence as an
exhibit to a motion asking the Court to make a specific
ruling. Given that Plaintiff's witnesses have been unable
to provide their evidence directly to him despite multiple
attempts, the Court will make an exception on this one
occasion. Plaintiff should direct his witnesses to mail hard
copies of their declarations to (1) the Clerk of Court, U.S.
District Courthouse, 700 Stewart Street, Seattle, Washington,
98101, and (2) counsel for Defendants.
Plaintiff's witnesses should include the name of this
case and the case number on their submissions.
Defendants' Motion for Extension of Time and
Plaintiff's Motion in Support
parties jointly ask the Court to extend the discovery
deadline to October 4, 2019, and the dispositive motions
deadline to November 1, 2019, to allow for resolution of the
issues related to Plaintiff's written discovery and to
allow Plaintiff's deposition to take place on September
23, 2019. The Court agrees that there is good cause to extend
these deadlines, however, it appears that more time is
necessary. Accordingly, the Court will extend the current
deadlines as set forth below.