1 2 3 4

5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 SEUNG HAN, 9 Plaintiff, Case No. C23-5613-TSZ-SKV 10 v. ORDER DIRECTING PERSONAL SERVICE BY UNITED STATES 11 PIERCE COUNTY, et al., MARSHAL 12 Defendants. 13

14 This is a civil rights action brought under

. Plaintiff is proceeding with 15 this action pro se and in forma pauperis. The Court, having reviewed Plaintiff’s complaint, 16 hereby ORDERS as follows: 17 (l) Service by United States Marshal. 18 The United States Marshal shall personally serve Pierce County by delivering copies of 19 the summons and complaint, and copies of this Order, to the Chief Executive of Pierce County in 20 accordance with Rule 4(j)(2) of the Federal Rules of Civil Procedure. The Clerk shall issue 21 summons and assemble the necessary documents to affect this personal service. 22 23 1 (2) Response to Complaint 2 Within twenty-one (21) days after service, Defendant Pierce County shall file and serve 3 an answer or a motion directed to the amended complaint, as permitted by Rule 12 of the Federal 4 Rules of Civil Procedure.

5 (3) Filing and Service by Parties, Generally 6 All attorneys admitted to practice before this Court are required to file documents 7 electronically via the Court’s CM/ECF system. Counsel are directed to the Court’s website, 8 www.wawd.uscourts.gov, for a detailed description of the requirements for filing via CM/ECF. 9 All non-attorneys, such as pro se parties and/or prisoners, may continue to file a paper original 10 with the Clerk. All filings, whether filed electronically or in traditional paper format, must 11 indicate in the upper right-hand corner the name of the magistrate judge to whom the document 12 is directed. 13 For any party filing electronically, when the total of all pages of a filing exceeds fifty 14 (50) pages in length, a paper copy of the document (with tabs or other organizing aids as

15 necessary) shall be delivered to the Clerk’s Office for chambers. The chambers copy must be 16 clearly marked with the words “Courtesy Copy of Electronic Filing for Chambers.” 17 Any document filed with the Court must be accompanied by proof that it has been served 18 upon all parties that have entered a notice of appearance in the underlying matter. 19 (4) Motions, Generally 20 Any request for court action shall be set forth in a motion, properly filed and served. 21 Pursuant to LCR 7(b), any argument being offered in support of a motion shall be submitted as a 22 part of the motion itself and not in a separate document. The motion shall include in its caption 23 1 (immediately below the title of the motion) a designation of the date the motion is to be noted for 2 consideration upon the Court’s motion calendar. 3 Stipulated and agreed motions, motions to file over-length motions or briefs, motions for 4 reconsideration, joint submissions pursuant to the optional procedure established in LCR

5 37(a)(2), motions for default, requests for the clerk to enter default judgment, and motions for the 6 court to enter default judgment where the opposing party has not appeared shall be noted for 7 consideration on the day they are filed. See LCR 7(d)(1). All other non-dispositive motions 8 shall be noted for consideration no earlier than the third Friday following filing and service of the 9 motion. See LCR 7(d)(3). All dispositive motions shall be noted for consideration no earlier 10 than the fourth Friday following filing and service of the motion.

11 For electronic filers, all briefs and affidavits in opposition to either a dispositive or non- 12 dispositive motion shall be filed and served not later than 11:59 p.m. on the Monday 13 immediately preceding the date designated for consideration of the motion. If a party (i.e. a pro 14 se litigant and/or prisoner) files a paper original, that opposition must be received in the Clerk’s

15 office by 4:30 p.m. on the Monday preceding the date of consideration. 16 The party making the motion may file and serve, not later than 11:59 p.m. (if filing 17 electronically) or 4:30 p.m. (if filing a paper original with the Clerk’s office) on the date 18 designated for consideration of the motion, a reply to the opposing party’s briefs and affidavits. 19 (5) Motions to Dismiss and Motions for Summary Judgment 20 Parties filing motions to dismiss pursuant to Rule 12 of the Federal Rules of Civil 21 Procedure and motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil 22 Procedure should acquaint themselves with those rules. As noted above, these motions shall be 23 1 noted for consideration no earlier than the fourth Friday following filing and service of the 2 motion. 3 Defendants filing motions to dismiss or motions for summary judge are advised that they 4 MUST serve Rand notices concurrently with motions to dismiss based on failure to exhaust

5 administrative remedies and motions for summary judgment so that pro se prisoner plaintiffs will 6 have fair, timely and adequate notice of what is required of them in order to oppose those 7 motions. Woods v. Carey,

(9th Cir. 2012). The Ninth Circuit has set forth 8 model language for such notices: 9 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 10 Rule 56 tells you what you must do in order to oppose a motion for summary 11 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 12 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 13 end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations (or other sworn 14 testimony), you cannot simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to 15 interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and 16 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 17 judgment, if appropriate, may be entered against you. If summary judgment is granted, your case will be dismissed and there will be no 18 trial.

19 Rand v. Rowland,

(9th Cir. 1998) (emphasis added). 20 Defendants who fail to file and serve the required Rand notice on Plaintiff may have their 21 motion stricken from the Court’s calendar with leave to re-file. 22 23 1 (6) Direct Communications with District Judge or Magistrate Judge 2 No direct communication is to take place with the District Judge or Magistrate Judge with 3 regard to this case. All relevant information and papers are to be directed to the Clerk. 4 (7) The Clerk is directed to send copies of this Order to Plaintiff and to the Pierce

5 County Prosecutor’s Office. 6 7 Dated this 11th day of August, 2023. 8 9 A 10 S. KATE VAUGHAN 11 United States Magistrate Judge

12 13 14 15 16 17 18 19 20 21 22 23