McDaniels v. Kremen et al

Filing 43

ORDER TO SHOW CAUSE re service on plaintiff of defendants' 37 MOTION for Summary Judgment. Show Cause Response due by 12/6/2012. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler. (GB)

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 07 08 09 PETER J. MCDANIELS, 10 11 12 13 ) ) Plaintiff, ) ) v. ) ) PETE KREMEN, et al., ) ) Defendants. ) ____________________________________ ) CASE NO. C12-1289-TSZ-MAT ORDER TO SHOW CAUSE 14 15 Defendants Bill Elfo, Shirley Forslof, and Pete Kremen filed a Motion for Summary 16 Judgment. (Dkt. 37.) However, they failed to serve Rand and Wyatt notices concurrently 17 with the motion and thereby ensure that plaintiff, a pro se prisoner, has fair, timely and adequate 18 notice of what is required of him in order to oppose the motion. Woods v. Carey, 684 F.3d 934, 19 2012 WL 2626912, at *1 (9th Cir. July 6, 2012). Defendants also failed to provide any proof 20 of service. Accordingly, the Court does hereby find and ORDER: 21 (1) As the Court noted in the September 21, 2012 Order Directing Service: 22 “Defendants who do not file and serve, in a separate document, the required Rand and Wyatt ORDER PAGE -1 01 notices could face (a) having their motions stricken with leave to refile and (b) possible 02 monetary sanctions.” (Dkt. 16 at 4-5.) Defendants Bill Elfo, Shirley Forslof, and Pete 03 Kremen are ordered to SHOW CAUSE within seven (7) days of the date of this Order why 04 their Motion for Summary Judgment should not be stricken due to the absence of concurrently 05 filed Rand and Wyatt notices. In the alternative, defendants may, within the same seven-day 06 period, serve the warnings on plaintiff, provide proof of service to the Court, and renote the 07 pending Motion for Summary Judgment. (See Dkt. 16 at 4-5 (containing model language for 08 Rand/Wyatt notices).) 09 (2) As also indicated in the Order Directing Service, any document filed with the 10 Court must be accompanied by proof of service upon all parties that have entered a notice of 11 appearance in this matter. (Dkt. 16 at 5.) See also Local CR 5(f) (requiring proof of service). 12 Defendants are reminded that any future submissions to the Court must be accompanied by 13 proof of service. 14 (3) The Clerk is directed to send a copy of this Order to the parties and to the 15 Honorable Thomas S. Zilly. 16 DATED this 29th day of November, 2012. 17 18 A 19 Mary Alice Theiler United States Magistrate Judge 20 21 22 ORDER PAGE -2

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