United States District Court, W.D. Washington, Tacoma
ORDER ON MISCELLANEOUS MOTIONS
Richard Creatura United States Magistrate Judge.
a civil rights action brought under 42 U.S.C. § 1983.
Plaintiff, who is incarcerated, proceeds pro se and
in forma pauperis. See Dkt. 5.
matter is before the Court on plaintiff's motion to
change defendant ABHS' name in the complaint (Dkt. 18),
motion to compel discovery (Dkt. 21), second motion to compel
discovery (Dkt. 29), and motion to amend the complaint (Dkt.
The motions to amend the complaint to change ABHS' name
are granted in part, although the name that ABHS identifies
for itself-American Behavioral Health Systems, Inc.-will be
used. Because plaintiff failed to certify that he met and
conferred with defendants before moving to compel, his
motions to compel are denied.
August 2019, the Court directed service of plaintiff's
complaint. See Dkt. 7. Plaintiff named “Adult
Behavior Health Services (ABHS)” as a defendant.
See Dkt. 6, at 1. ABHS entered an appearance,
listing its name as “American Behavioral Health
Systems, Inc.” Dkt. 11, at 2. Plaintiff then filed the
pending motion to change defendant's name in the
complaint, asking that ABHS' name in the complaint be
replaced with “American Behavior Health Services,
Inc.” Dkt. 18, at 1. Plaintiff has also filed a motion
to amend his complaint, solely to change the name of ABHS.
Dkt. 30, at 1.
response to plaintiff's motion to amend, ABHS indicated
that it did not oppose amending the complaint to ABHS'
proper name, which is “American Behavioral Health
Systems, Inc.” See Dkt. 33, at 2. Plaintiff
has not filed a reply in support of his motion to amend.
has also filed two motions to compel in this matter.
See Dkts. 21, 29. Neither of plaintiff's
motions-which request information from ABHS-includes a
certification that the parties met and conferred regarding
these issues. See Dkts. 21, 29.
Motions to Change ABHS' Name and to Amend Complaint
(Dkts. 18, 30)
Court interprets plaintiff's motion to change ABHS'
name in the complaint (Dkt. 18) and to amend his complaint
solely to change ABHS' name (Dkt. 30) as motions to
correct ABHS' name in the case caption to the proper name
for this party. The Court GRANTS in part the motions.
the Court will correct ABHS' name in the case caption,
ABHS has consistently named itself as “American
Behavioral Health Systems, Inc.” in this matter.
See Dkts. 17, at 2; 27, at 3; 28, at 6; 33, at 2.
Therefore, the name given by plaintiff in his motions to
change ABHS' name is not accurate, either. See
Dkts. 18, at 1; 30-1, at 1. Rather, ABHS' name will be
corrected to “American Behavioral Health Systems,
Motions to Compel
noted, neither of plaintiff's motions to compel includes
a certification that he met and conferred with the defendants
from whom he seeks information before filings his motions.
See Dkts. 21, 29. Indeed, it appears that plaintiff
filed his second motion to compel on the same day that ABHS
received plaintiff's request in the mail. See
Dkt. 34, at 2.
failures to certify that he conferred or attempted to confer
with the named defendants before filing his motions to
compel, standing alone, merit denial of his motions.
See Fed. R. Civ. P. 37(a)(1); Local Civil Rule
37(a)(1). Although plaintiff is proceeding pro se,
he is required to read and comply with the Local Rules, the
Federal Rules of Civil Procedure, and the Court's orders.
See McNeil v. United States, 508 U.S. 106, 113
(1993). The rule requiring that the parties meet and confer
is intended to encourage the parties to work out ...