USA, et al v. State of Washington, et al

Filing 20254

AMENDED ORDER ON PARAGRAPH 25 PROCEDURES, by Judge Ricardo S Martinez. (CL)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 UNITED STATES OF AMERICA, et al., 11 12 13 14 Plaintiffs, CASE NO. CV 70- 9213 v. STATE OF WASHINGTON, et al., AMENDED SUPPLEMENTAL ORDER ON PARAGRAPH 25 PROCEDURES Defendants. 15 16 17 The Court hereby AMENDS the Supplemental Order on Paragraph 25 Procedures filed 18 November 9, 2011 (Dkt. # 19893) as follows, to reflect the November 21, 2012 changes in the Court’s 19 electronic filing procedures (CM/ECF) for U.S.A. v. Washington: 20 (1) Any party wishing to file a new Request for Determination shall, after complying with the 21 pre-filing requirements of Paragraph 25 of the Permanent Injunction, as modified August 11, 1993, shall 22 file an ex parte motion for leave to open a new subproceeding. The motion shall be filed in the Main 23 Case of U.S.A. v. Washington, C70-9213, and shall be noted for consideration the same day as filed, 24 pursuant to Local Rule CR 7. The motion shall clearly designate who shall be the requesting and 25 responding or affected parties, and shall contain a certification that pre-filing meet and confer 26 requirements of Paragraph 25(b) have been met. No legal argument or other documentation is 27 necessary. The requesting party shall also e-mail a proposed Order to the Chambers Order Box at 28 AMENDED SUPPLEMENTAL ORDER ON PARAGRAPH 25 PROCEDURES- 1 1 MartinezOrders@wawd.uscourts.gov. The proposed Request for Determination shall be attached as an 2 exhibit to the motion and filed under the same docket number, not filed as a separate docket entry. 3 (2) The Court shall consider the motion as soon as practicable and shall liberally grant such 4 motions, provided the Request for Determination appears to fit within the purposes set forth at 5 Paragraph 25(a) of the Permanent Injunction. C70-9213, Dkt. # 13599. The Order granting the motion 6 for leave to file shall not constitute a final determination that the dispute is within the Court’s 7 jurisdiction under Paragraph 25, and such jurisdiction may still be questioned by the responding party. 8 9 10 11 (3) Upon granting the motion for leave to file a Request for Determination, the Court shall direct the Clerk to open a new subproceeding and assign the next number in sequence. Notice of the new subproceeding shall be sent electronically to all parties in C70-9213. (4) All subsequent filings in the subproceeding shall be filed in the main case, C70-9213RSM, 12 and filed separately in the new subproceeding. Parties shall refer to the Order on Electronic Filing 13 Procedures, dated November 20, 2012, for further information on filing. A party who has questions 14 regarding this procedure may call the Case Administrator, Consuelo Ledesma, at 206-370-8455 for 15 assistance. A document which has been filed only in C70-9213 and has not also been timely filed 16 in the correct subproceeding may be regarded as improperly filed. 17 18 19 (5) Declarations and other documents filed in support of a motion should reference the motion by docket number (from C70-9213) in the text entered on the docket sheet. (6) Parties to U.S.A. v. Washington who are not named as requesting or responding parties, but 20 who wish to participate in the subproceeding, may file a Notice of Appearance as an Interested Party, 21 and will be entered as such on the docket by the Clerk. 22 23 (7) Corporate disclosure statements, where appropriate, shall be filed in accordance with Fed.R.Civ.P. 7.1 and shall be filed in both the main case, C70-9213, and in the subproceeding. 24 (8) The Court directs all parties to use care in filing documents in new and in existing 25 subproceedings, to ensure that the documents are filed only in the appropriate subproceeding. The 26 erroneous filling of unrelated documents in the wrong subproceedings has unnecessarily complicated the 27 dockets of a number of subproceedings. The Court has revised the electronic filing procedures to 28 AMENDED SUPPLEMENTAL ORDER ON PARAGRAPH 25 PROCEDURES- 2 1 2 minimize this occurrence. (9) These procedures do not alter or amend the substantive requirements of Paragraph 25, as 3 amended August 11, 1993, and are intended only to facilitate the process of opening new 4 subproceedings, and maintaining existing subproceedings, using CM/ECF. 5 6 7 (10) The Clerk shall post a copy of this Order on the Court’s webpage for Special Case Notices relating to U.S.A. v. Washington. DATED this 20 day of November 2012. A 8 9 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDED SUPPLEMENTAL ORDER ON PARAGRAPH 25 PROCEDURES- 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?