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ORDER RE: PRETRIAL PREPARATIONS

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

DAVID D. THOMPSON,

Plaintiff,

v.

JAMES SPALDING, et al.,

Defendants.

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CASE NO. C05-1995-JLR-MAT

ORDER RE: PRETRIAL

PREPARATIONS

Defendants recently filed an Answer to plaintiff’s first amended complaint. It is therefore

ORDERED:

Discovery

All discovery shall be completed by May 30, 2006. Service of responses to

interrogatories and to requests to produce, and the taking of depositions shall be completed by this

date. Federal Rule of Civil Procedure 33(a) requires answers or objections to be served within

thirty (30) days after service of the interrogatories. The serving party, therefore, must serve

his/her interrogatories at least thirty (30) days before the deadline in order to allow the other

party time to answer.

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ORDER RE: PRETRIAL PREPARATIONS

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Motions

Any dispositive motion shall be filed and served on or before July 3, 2006. Pursuant to

amended Local Rules CR 7(b) and (d), 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 of the date

the motion is to be noted for consideration upon the court's motion calendar.

Stipulated and agreed motions, motions to file overlength motions or briefs, motions for

reconsideration, joint submissions pursuant to the option procedure established in CR37(a)(2)(B),

motions for default, requests for the clerk to enter default judgment, and motions for the court to

enter default judgment where the opposing party has not appeared shall be noted for consideration

on the day they are filed. See Local Rule CR 7(d)(1). All other non-dispositive motions shall be

noted for consideration no earlier than the third Friday following filing and service of the motion.

See Local Rule CR 7(d)(3). All dispositive motions shall be noted for consideration no earlier than

the fourth Friday following filing and service of the motion.

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 granted, end your case.

Rule 56 tells you what you must do in order to oppose a motion for summary

judgment. Generally, summary judgment must be granted when there is no genuine

issue of material fact -- that is, if there is no real dispute about any fact that would

affect the result of your case, the party who asked for summary judgment is entitled

to judgment as a matter of law, which will end your case. When a party you are suing

makes a motion for summary judgment that is properly supported by declarations (or

other sworn testimony), you cannot simply rely on what your complaint says. Instead,

you must set out specific facts in declarations, depositions, answers to

interrogatories, or authenticated documents, as provided in Rule 56(e), that

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ORDER RE: PRETRIAL PREPARATIONS

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contradict the facts shown in the defendant’s declarations and documents and

show that there is a genuine issue of material fact for trial. If you do not submit

your own evidence in opposition, summary judgment, if appropriate, may be

entered against you. If summary judgment is granted, your case will be

dismissed and there will be no trial.

Rand v. Rowland, 154 F.3d 952, 962-963 (9th Cir. 1998) (emphasis added). Furthermore, Local

Rule CR 7(b)(2) states that a party’s failure to file necessary documents in opposition to a motion

for summary judgment may be deemed by the court to be an admission that the opposition is

without merit.

Joint Pretrial Statement

Counsel and pro se parties are directed to confer and provide the court with a joint pretrial

statement by no later than September 25, 2006. The joint pretrial statement shall contain the

following information by corresponding paragraph numbers:

1. A short and concise statement of the case, including the remaining legal and factual

issues to be determined at trial;

2. A narrative written statement from each party setting forth the facts that will be

offered by oral or written documentary evidence at trial;

3. A list of all exhibits to be offered into evidence at trial;

4. A list of the names and addresses of all the witnesses each party intends to call

along with a short summary of anticipated testimony of each witness;

5. Whether the parties agree to arbitration under this district's arbitration program,

and if so, whether the arbitration will be final and conclusive or the right to trial de novo will be

preserved (see Local Rule CR 39.1(d));

6. Pursuant to 28 U.S.C. § 636(c), whether the parties consent to having a Magistrate

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ORDER RE: PRETRIAL PREPARATIONS

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Judge conduct any or all remaining proceedings, including the trial, and order the entry of

judgment in the case;

7. Whether the case should be bifurcated by trying the liability issues before the

damages issues, or bifurcated in any other way;

8. Any other suggestions for shortening or simplifying the trial in this case;

9. The date the case will be ready for trial, considering Local Rule CR 16 deadlines;

10. The dates on which trial counsel are unavailable and any other complications to be

considered in setting a trial date;

11. Whether the trial will be by jury or non-jury;

12. The number of trial days required, and suggestions for shortening trial; and

13. The names, addresses, and telephone numbers of all trial counsel and unrepresented

(pro se) parties who intend to appear at trial.

If the parties are unable to agree on any part of the joint pretrial statement, they may

answer in separate paragraphs. Separate statements are not to be filed. Plaintiffs’ counsel (or

plaintiffs, if proceeding pro se) will be responsible for initiating communications for the

preparation of the joint pretrial statement.

Proof of Service and Sanctions

All motions, pretrial statements and other filings shall be accompanied by proof that such

documents have been served upon counsel for the opposing party (or upon any party acting pro

se). The proof shall show the day and manner of service and may be by written acknowledgment

of service, by certificate of a member of the bar of this court, by affidavit of the person who served

the papers, or by any other proof satisfactory to the court. Such proof of service shall accompany

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ORDER RE: PRETRIAL PREPARATIONS

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both the original and duplicates filed with the Clerk. Failure by plaintiffs to comply with the

provisions of this Order can result in dismissal of the case. Failure by defendant can result in other

appropriate sanctions.

The Clerk of Court is directed to send a copy of this Order to plaintiff and to counsel for

defendants.

DATED this 27th day of March, 2006.

A

Mary Alice Theiler

United States Magistrate Judge 

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