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28 ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JOHN WISE,

Plaintiff,

v.

WASHINGTON STATE DEPARTMENT OF

CORRECTIONS, et al.,

Defendants.

Case No. C05-5810 FDB/KLS

PRETRIAL SCHEDULING ORDER

AND ORDER DENYING

PLAINTIFF’S MOTION FOR RULE

26(f) DISCOVERY CONFERENCE

This 42 U.S.C. § 1983 civil rights action has been referred to United States Magistrate Judge

Karen L. Strombom pursuant to Title 28 U.S.C. §§ 636(b)(1) and Local MJR 3 and 4. Defendants

Dean Mason, Carol Porter, Sheldon Weaver, Carla Schettler, and the State Department of

Corrections have filed their answers to plaintiff’s complaint. Also before the court is plaintiff’s

request for pre-trial discovery under Rule 26(f). (Dkt. # 27). The court finds that a pre-trial

scheduling order is now appropriate and, in light of the time and scope of discovery to be allowed in

this case, the court finds that plaintiff’s request for pre-trial discovery should be denied as premature. 

Accordingly, it is ODERED:

Discovery

All discovery shall be completed by January 26, 2007. 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(b)(3) requires answers or objections to be served within

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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.

Motions

Any dispositive motion shall be filed and served on or before February 23, 2007. The

motion shall include in its caption (immediately below the title of the motion) a designation of the

Friday upon which the motion is to be noted upon the court's calendar. That date shall be the fourth

Friday following filing of the dispositive motion. All briefs and affidavits in opposition to any motion

shall be filed and served not later than 4:30 p.m. on the Monday immediately preceding the Friday

appointed for consideration of the motion. If a party fails to file and serve timely opposition to a

motion, the court may deem any opposition to be without merit. The party making the motion may

file, not later than 4:30 p.m. on the Thursday immediately preceding the Friday designated for

consideration of the motion, a response to the opposing party's briefs and affidavits. A duplicate

copy of all such papers shall be delivered along with the originals to the Clerk of this court. The

originals and copies must indicate in the upper right-hand corner the name of the magistrate judge to

whom the copies are to be delivered.

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, deposition, answers to

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

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

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28 ORDER - 3

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)(4) 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 Status Report

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

report by no later than August 24, 2007. The joint status report 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 or mediation 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. Whether the case should be bifurcated by trying the liability issues before the damages

issues, or specially managed in any other way;

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

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

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

considered in setting a trial date;

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

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

12. 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 report, they may answer in separate

paragraphs. Separate reports are not to be filed. Plaintiff's counsel (or plaintiff, if pro se) will be

responsible for initiating communications for the preparation of the joint status report.

Proof of Service & 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 both

the original and duplicates filed with the Clerk. Failure to comply with the provisions of this Order

can result in dismissal/default judgment or other appropriate sanctions.

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

defendants. Plaintiff’s motion for pre-trial discovery (Dkt. # 27) shall be DENIED as premature.

DATED this 18th day of July, 2006.

A

Karen L. Strombom

United States Magistrate Judge

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