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Perez v. Cogburn

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

January 8, 2020

DANIEL JAY PEREZ, Plaintiff,
v.
CALVIN COGBURN, et al., Defendant.

          AMENDED PRETRIAL SCHEDULING ORDER

          BRIAN A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE

         Plaintiff, proceeding pro se in this 42 U.S.C. §1983 civil rights action, filed a Second Amended Complaint naming a new defendant. Dkt. 82. Defendants have now filed an Answer to plaintiffs Second Amended Complaint. Dkt. 90. The Court therefore issues this amended pretrial scheduling order. The Court ORDERS:

         DISCOVERY

         Discovery is the process by which one party asks another party to provide relevant information about the case. A party should not file discovery requests or discovery materials with the court unless the party is moving to compel, seeking a protective order, or is otherwise supporting a motion. A party seeking discovery must serve a discovery request on the other party. There are several ways to ask for discovery including: depositions in which one party asks another person questions about the lawsuit; interrogatories in which written questions are served on another party; and requests for production in which a written request to provide documents relevant to the lawsuit is served on another party. See Rules 30, 33 and 34 of the Federal Rules of Civil Procedure.

         All discovery in this case must be completed by April 8, 2020. This includes serving responses to interrogatory questions and requests for production, and the completion of all depositions. Responses to interrogatory questions and requests for production must be served not later than 30 days after service of the discovery requests. The serving party, therefore, must serve his/her discovery requests by March 6, 2020, so that the responding party can answer by the discovery cut-off. See Rules 33(b) and 34(b)(2) of the Federal Rules of Civil Procedure.

         DISCOVERY DISPUTES

         From time to time disputes over whether discovery has been properly provided arise. If a discovery dispute arises, a party must fulfill the Court's meet and confer requirements before filing a motion to compel discovery. See Local Rule 37. The local rule requires the party seeking discovery to make a good faith effort to confer with the opposing party either through a face-to-face meeting or a telephone conference. Any motion to compel discovery must include a written certification that the moving party has in good faith effort either met and conferred or attempted to meet and confer. A motion to compel that lacks such a certification will be summarily denied.

         MOTIONS

         A motion is a formal request that asks the Court to take certain action. All argument in support of the motion must be set forth in the motion itself and not in a separate document. See Local Rule CR 7(b)(1). Each motion, together with a proposed order, must be served on the opposing party so that the opposing party has an opportunity to respond. In addition, each motion must state in its caption, right below the motion's title, a noting date. The noting date is the date the Court will review your motion.

• Note the following motions for the day they are filed: (1) stipulated or agreed motions; (2) motions to file over-length motions or briefs; (3) motions for reconsideration; (4) joint submissions pursuant to the optional procedure established in CR 37(a)(1)(B); (5) motions for default and default judgment; and (6) ex parte motions.
• Note all other non-dispositive motions for the third Friday after filing and service of the motion.
• Note all dispositive motions (dismissal and summary judgment) and motions for preliminary injunction for the fourth Friday after filing and service of the motion. See Local Rule CR 7(d) for complete rules on noting dates.

         Any dispositive motion shall be filed and served on or before May 8, 2020. If a motion for summary judgment is filed, it is important for the opposing party to note the following:

A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if ...

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