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Jackson v. Patzkowski

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

September 12, 2019

KYNTREL TREVYONE JACKSON, Plaintiff,
v.
SHAWNA PATZKOWSKI, et al., Defendants.

          ORDER ON MISCELLANEOUS MOTIONS

          MICHELLE L. PETERSON UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION AND DISCUSSION

         This is 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.

         A. Plaintiff's Motion to Compel

         Plaintiff 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.[1] 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 Defendants' responses.

         B. Plaintiff's Motion to Expedite

         Plaintiff 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.

         C. Plaintiff's Motion Requesting the Court's Address/E-mail

         Plaintiff 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.

         In the 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.

         D. Defendants' Motion for Extension of Time and Plaintiff's Motion in Support

         The 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.

         II. ...


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