Countryman v. Sherman et al, No. 2:2019cv01767 - Document 67 (W.D. Wash. 2021)

Court Description: ORDER granting Plaintiff's 56 Motion for Leave to File an Amended Complaint. The Clerk is directed to docket Plaintiff's proposed second amended complaint, replace "John Doe A" with Dawn Taylor, as a Defendant on the docket, and terminate the remaining "John Doe" Defendants. Dawn Taylor, shall have thirty (30) days within which to return the enclosed waiver of service of summons. Defendants shall file amended answers, or any motions permitted under Rule 12, of the Federal Rules of Civil Procedure, no later than December 20, 2021. Signed by Hon. S. Kate Vaughan. **6 PAGE(S), PRINT ALL**(Justin Countryman, Prisoner ID: 306902)(SR)(cc: Second Amended Complaint, Order, Notice of Lawsuit to Defen dants via email to Attorney Faber; Second Amended Complaint, Order, Notice of Lawsuit and Request for Waiver of Service of Summons & Waiver of Service of Summons to Defendant Dawn Taylor via email; Order and Pro Se instruction sheet is attached to this Order for the Plaintiff via PEF; Plaintiff's complaint mailed to Attorney General's Office via U.S. mail)

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Countryman v. Sherman et al Doc. 67 Att. 2 Pro Se Guide TO FILING YOUR LAWSUIT IN FEDERAL COURT Disclaimer: This guide is intended to assist individuals wishing to file a civil action in the United States District Court, Western District of Washington without an attorney, which is referred to as appearing “pro se.” This manual is provided for informational purposes only and does not constitute legal advice. The Federal Rules of Civil Procedure (FRCP), this court’s Local Civil Rules (LCR) and the Electronic Case Filing System (CM/ECF) Procedures control how civil cases must be filed and processed. Rev. Mar-21 Dockets.Justia.com Table of Contents Part One ............................................................................................ 4 BEFORE YOU FILE YOUR CASE ....................................................................... 4 Consider ways to resolve your dispute or problem outside of court ............................. 4 Are you in the correct court? ................................................................................... 5 Types of cases filed in federal court ......................................................................... 6 Are your claims timely? ........................................................................................... 7 Other issues to consider.......................................................................................... 7 Part Two............................................................................................ 8 FILING YOUR CASE ....................................................................................... 8 Rules that you must follow ...................................................................................... 8 Required forms to file a new case ............................................................................ 9 Complaint .............................................................................................................. 9 Civil Cover Sheet .................................................................................................. 10 Summons ............................................................................................................ 13 Application to Proceed In Forma Pauperis (IFP) ...................................................... 14 Application for Court-Appointed Counsel ................................................................. 14 Where to file your complaint ................................................................................. 15 What does the Clerk’s Office do with the case information? ..................................... 16 Options for Payment of Copy and Filing Fees ........................................................... 17 What the Clerk’s Office can and cannot do ............................................................. 17 Part Three ....................................................................................... 18 ELECTRONIC FILING SYSTEM ....................................................................... 18 Registration Requirements .................................................................................... 19 How to Register ................................................................................................... 19 E-Filer and E-Service Registration ......................................................................... 20 Complete the Registration Form............................................................................ 20 PACER (Public Access to Court Electronic Records) .................................................. 21 Electronic Filing Assistance ................................................................................... 21 Electronic Filing Terminology ................................................................................ 22 Part Four ......................................................................................... 23 Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 2 SERVICE OF SUMMONS AND COMPLAINT ...................................................... 23 What does service mean? ..................................................................................... 23 When must service be done? ................................................................................ 23 How should summons be presented? ..................................................................... 24 Who must be served? ........................................................................................... 24 Who serves the documents?.................................................................................. 24 How does the Court know when summons have been served? ................................. 24 Part Five .......................................................................................... 25 WHAT HAPPENS AFTER YOUR CASE IS FILED? ............................................... 25 Case assignment .................................................................................................. 25 Defendants do not file an answer .......................................................................... 26 Defendants file an answer ..................................................................................... 26 Pretrial process .................................................................................................... 26 Discovery ............................................................................................................ 26 Dispositive motions............................................................................................... 27 Trial process ........................................................................................................ 27 Judgment ............................................................................................................ 29 Notice of Appeal................................................................................................... 29 Part Six............................................................................................ 30 FILING DOCUMENTS AFTER YOUR CASE IS OPEN .......................................... 30 Format of documents ........................................................................................... 30 Motions ............................................................................................................... 31 Noting dates ........................................................................................................ 31 Sealed documents ................................................................................................ 33 Oral argument ..................................................................................................... 33 Change of Contact Information ............................................................................. 33 Part Seven ....................................................................................... 34 RESOURCES THAT MAY HELP YOU ............................................................... 34 Washington State Legal Resources......................................................................... 34 Federal Civil Rights Legal Clinic.............................................................................. 36 Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 3 Part One BEFORE YOU FILE YOUR CASE Consider ways to resolve your dispute or problem outside of court A re you having a disagreement with another person, business or government agency? Are you thinking about going to court to ask a judge to resolve a disagreement or solve a problem for you? Federal court is one type of court that can help people resolve disputes. When two or more people (or a person, business or government agency) have a disagreement and want a judge to resolve the dispute, it’s called a “case” or a “lawsuit.” Before you decide to file a case in federal court, you may want to consider other ways to solve your dispute. Try talking to the person, business, or government agency that you feel has done something wrong by asking them to fix the problem. Many government agencies have requirements or special rules you must follow before filing a case in federal court. Seek help from other sources. There are a number of local and statewide agencies that may be able to assist you. Contact an attorney. An attorney will be able to help you determine if federal court is the right place to solve your problem and provide you with information about legal resources available in the community. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 4 You also have the right to file your case without an attorney, which is known as proceeding, “pro se.” Appearing pro se means that you will be representing yourself without the assistance of a lawyer. If you decide to represent yourself, the court will treat you the same as it would an attorney. You will be expected to state your issues clearly and concisely, meet all deadlines, and follow the court rules. Are you in the correct court? Before filing a case in federal court, you first need to make sure that you are filing it in the correct court. This can be especially important if you are working with a deadline for certain statutes of limitations. Filing your case in the wrong court may affect whether or not you meet those required deadlines. Before filing your case in federal court, you may want to ask yourself the following questions. Is your case about a divorce, child custody, adoption, name change, landlord-tenant dispute or a will? If so, you are likely in the wrong court. State courts generally hear family law matters and landlord-tenant disputes. You can learn more about Washington State Courts at www.courts.wa.gov. If in doubt, contact an attorney for legal advice about your specific situation. The Clerk’s Office cannot make this determination for you. Is your case about a federal law, the denial of Social Security benefits, other federal benefits or a decision by a federal agency? If so, you are likely in the right court. Should you file your case in Tacoma or Seattle? The U.S. District Court for the Western District of Washington has courthouses in Seattle and Tacoma. Where you file your case depends on the county in which the claim arose or where the defendant(s) reside, as established by the Court’s Local Civil Rules (LCR). A list of counties and their corresponding jurisdictional courthouses can be found on the following page. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 5 If the defendant(s) reside in or the incident occurred in one of the following counties, you should file your case in Seattle. Island County King County San Juan County Skagit County Snohomish County Whatcom County If the defendant(s) reside in or the incident occurred in one of the following counties, you should file your case in Tacoma. Clallam County Clark County Cowlitz County Grays Harbor County Jefferson County Kitsap County Lewis County Mason County Pacific County Pierce County Skamania County Thurston County Wahkiakum County Types of cases filed in federal court Federal courts are courts of limited jurisdiction and therefore, the following types of cases may be filed here. 1. Cases where the United States government is a party to the action. Federal courts hear lawsuits involving the Social Security Administration, Veterans Administration or cases against a federal agency, such as the United States Postal Service or the Internal Revenue Service. 2. Cases brought under federal laws. Federal courts hear specific types of cases arising under the United States Constitution and federal laws such as damages at sea, federal tax matters and other areas. Some federal laws may duplicate some state laws, such as civil rights matters. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 6 3. Cases where the parties reside in different states. Lawsuits between parties residing in different states are governed by “diversity” jurisdiction. For example, if you live in Washington and you file a lawsuit against a defendant who lives in Oregon, the case would be considered diversity. Diversity cases must involve a claim of damages over $75,000. If you are not seeking more than that amount, or your case does not involve federal law of a government defendant, you may need to file your claim in state court. Are your claims timely? The period of time set by law in which a lawsuit must be filed is called the “statute of limitations.” This period of time usually begins when the injury occurs or a right has been violated. If you fail to bring your claim within the timeframe allowed by a specific statute, your lawsuit may be dismissed. Other issues to consider Before filing your case in federal court, please be aware of the following: Frivolous or harassing lawsuits The Federal Rules of Civil Procedures, FRCP 11(b), prohibits the filing of lawsuits that are clearly frivolous or filed just to harass someone. If the judge determines that you have filed a lawsuit for an improper or unnecessary reason, sanctions may be imposed against you, including ordering that you pay the legal fees of the party you sued. What happens if you lose? If you lose your case, the winning party may ask that you be ordered to pay attorney fees. The winning party is also entitled to seek certain costs which were incurred during the lawsuit. These costs can include deposition transcript fees, witness fees, copy expenses, etc. These fees may add up to thousands of dollars. It is very common for a winning party to seek costs from the losing party. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 7 Part Two FILING YOUR CASE Before a judge can address the facts you are contesting, you must submit the required documents to open a case in the United States District Court for the Western District of Washington. Rules that you must follow Before you file a case, you should begin by reviewing the local and federal rules that govern the filing of a case in this court. By appearing pro se and representing yourself, the judge will expect you to be familiar with the court rules that govern the filing of a civil lawsuit in federal court. 1. Federal Rules of Civil Procedure (FRCP) The Federal Rules of Civil Procedure (FRCP) govern court procedures for civil cases. A link to the federal rules can be found at www.law.cornell.edu/rules/frcp 2. Local Civil Rules (LCR) for the Western District of Washington This is a collection of local rules that are written for the practice of law in the United States District Court for the Western District of Washington. They are published in addition to the federal rules. Be aware that local rules differ from court to court, so you should refer to the local rules of the Western District of Washington. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 8 The Local Civil Rules (LCR) and Federal Rules of Civil Procedures (FRCP) can be found on our website at www.wawd.uscourts.gov/representingyourself-pro-se 3. Western District of Washington’s Electronic (CM/ECF) Filing System Information about how to register to file and receive documents electronically through the court’s Electronic Filing System (CM/ECF) can be found in Part Three of this guide or on our website at wawd.uscourts.gov/attorneys/cmecf Required forms to file a new case The following documents are required to file a new case. 1) Complaint form 2) Civil Cover Sheet 3) Payment of the filing fee ($402.00) or submittal of an Application to Proceed In Forma Pauperis – commonly referred to as an “IFP” – requesting that the court waive the filing fee. Additional information about how to submit an IFP can be found on page 14. Complaint To file a new case, you must first complete a document called a “Complaint.” A complaint is a legal document that describes why you believe the defendant(s) violated the law and what you want the court to do about it. To file a case, you must follow the procedures outlined below. 1. Select the correct complaint form based on the type of case you are filing. Complaint forms can be found on our website at www.wawd.uscourts.gov/court-forms under “Self-Representation” or by calling the Clerk’s Office in Seattle (206-370-8400) or Tacoma (253-882-3800) to request a complaint form be mailed to you. 2. Documents must be typed or neatly written in blue or black ink (no pencils) on white, 8½ x 11 paper. Do not write on both sides of the paper. You must include your name, address and phone number on each document submitted. 3. All documents must be dated and signed with an original signature, as established by FRCP 11(a). Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 9 4. In the body of the complaint, explain in detail what happened, where it happened, when it happened, how it happened and who was involved. 5. You may also choose to supplement your complaint in the form of an “exhibit.” An exhibit is a document, record or physical object. For example, medical reports, transcripts or photographs. 6. Documents with personal identifiers must be redacted (blacked out) or removed before they are filed, as established by LCR 5.2(a). Dates of birth (redact to year of birth) Names of minor children under 18 (redact to initials) Social security numbers (remove entirely) Financial account numbers (redact to last four digits) Taxpayer identification numbers (remove entirely) Passport ID numbers (remove entirely) Driver license numbers (remove entirely) Civil Cover Sheet A “Civil Cover Sheet” is a document that provides the court with basic information about your case and must be filed when you submit your initial documents, as established by LCR 3(a). The Civil Cover Sheet can be found at the end of this guide or on our website at www.wawd.uscourts.gov/court-forms under “Civil.” Section I - Parties Section 1(a): Your name and name(s) of the defendant(s). Section 1(b): Your county and county of first listed defendant. Section 1(c): Since you are appearing pro se, write your name, address and phone number under “Attorneys.” Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 10 Section II – Basis of Jurisdiction This section lets the court know what type of case you are filing. 1. Government – Plaintiff: This box is for government agencies only. 2. Government – Defendant: Mark this box if you are filing a case against a federal agency or the United States government. 3. Federal Question: Mark this box if your case is about a federal law. 4. Diversity: Mark this box if the defendant(s) live in another state or country; is not a federal agency or if your case involves a claim valued over $75,000. Section III – Citizenship of Principal Parties This section is only used if you marked “Diversity” in Section II. Diversity refers to cases where the parties involved are from different states or countries. If “Diversity” was chosen, mark the correct box where you and the first listed defendant(s) are located. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 11 Section IV – Nature of Suit You can only choose one box. If your complaint includes multiple claims, select the one that most closely represents what your case is about. Section V – Origin This section has several options to choose from. Origin (1) “Original Proceeding,” is frequently chosen as it indicates you are filing a new lawsuit. However, if you are filing a case that you are removing from state court to federal court, you should choose (2) “Removed from State Court.” Section VI – Cause of Action In this section, you will provide a brief statement explaining what your case is about. Section VII – Requested in Complaint The only information you will complete in this section is the jury demand box, as established by LCR 38(b). Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 12 Section VIII – Related Case(s) If Any Complete this section if you currently have or have had cases in this court or other federal courts with the same defendant(s). If so, add the name of the judge and case number to the form. You are also required to file a “Notice of Related Cases,” listing the case information. As the court does have a general form to use, you may create your own. Sign and Date Form Because you are appearing pro se (i.e., acting as your own attorney), you must sign and date the box at the bottom of form under, “Signature of Attorney of Record.” Summons A “Summons” is a document that demands that the defendant(s) respond to your complaint. You must fill out the required fields on the summons form before submitting it to the court. The form may be found on our website at www.wawd.uscourts.gov/court-forms under “Civil” and at the end of this guide. If you pay the filing fee, summons can be issued immediately. If you file an IFP, summons will not be issued until the motion is granted and the clerk receives permission from the court to do so. The clerk will then sign and adhere the court’s seal to the summons. The clerk can only issue summons for defendant(s) listed on the complaint. After summons have been issued and the defendant(s) have been “served” a copy of the complaint and accompanying documents, you must file a document called a “Proof of Service,” which is on the second page of the summons form. This document provides proof to the court that the defendant(s) have been properly served with your lawsuit. See Part Four of this guide for more information. If you prefer to wait and have summons issued later, you may submit them with a “Praecipe” form. A praecipe is a document asking the court to take official action on a specific request. Praecipe forms can be found on our website at www.wawd.uscourts.gov/court-forms under “Civil.” Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 13 Application to Proceed In Forma Pauperis (IFP) The filing fee to open a case in federal court is $402.00. If you cannot afford to pay the filing fee, you can apply to have the fee "waived," which means your case may proceed without payment of the filing fee. In order to make that request, you must complete an “Application to Proceed In Forma Pauperis” – commonly referred to as an “IFP” – and submit it with your initiating documents. It is very important to fill out the form completely as the judge will use this information to determine if you have the financial ability to pay the filing fee. Once a decision has been made, a copy of the order will be mailed to you at the address listed on the complaint. Summons will not be issued until the IFP has been granted and the court gives the clerk permission to do so. The IFP form can be found at the end of this packet or on our website at www.wawd.uscourts.gov/court-forms under “Self-Representation.” Application for Court-Appointed Counsel If you cannot afford an attorney but would like to request one be appointed, you can submit an “Application for Court-Appointed Counsel.” Although this option is available, there is no right to representation in civil matters and no guarantee that the judge will appoint an attorney in your case. The judge may base his or her decision on several factors, including but not limited to: 1. Do you have the financial ability to hire counsel? 2. Have you made reasonable efforts to hire counsel on your own? 3. Can you prepare and present your case without the help of an attorney? 4. How complex is your case? To request an attorney, you must complete the correct form based on the type of case you are filing. One form is specifically for civil rights cases and the other for employment discrimination cases. Both forms can be found at the end of this guide and on our website at www.wawd.uscourts.gov/court-forms under “SelfRepresentation.” If your claims do not fall under either category, you can create your own form and submit it to the court. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 14 Where to file your complaint 1) In Person Due to the COVID pandemic, the Seattle and Tacoma Clerk’s Office are currently closed to the public and will reopen with limited hours as the court moves into each new phase. In the meantime, new case documents may be filed via the drop box located in the lobby of both courthouses. Once your case has been opened, you will receive a letter with the case number and judge assignment. Documents filed in person after your case has been assigned may then be placed in the drop box at the courthouse where your judge is located. 2) By Mail Documents may also be mailed to the Seattle or Tacoma courthouse. Where you mail them is based on the county where the incident took place or where the defendant(s) reside (see page 6). After your case has been opened, you will receive a letter with the case number and judge assignment. All documents filed after the case has been assigned should be mailed to the courthouse where your judge is located. Seattle Tacoma U.S. District Court 700 Stewart St., Suite 2310 Seattle, WA 98101 (206) 370-8400 U.S. District Court 1717 Pacific Ave., Room 3100 Tacoma, WA 98402 (253) 882-3800 3) E-mail You also have the option of submitting new case documents electronically. Where you email them is based on the county where the incident took place or where the defendant(s) reside (see page 6). Seattle: newcases.seattle@wawd.uscourts.gov Tacoma: newcases.tacoma@wawd.uscourts.gov You are only permitted to e-mail documents when filing a new case. Once a judge has been assigned, documents must be submitted in person, through the mail or via the court’s electronic filing system, if registered (see page 18). Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 15 What does the Clerk’s Office do with the case information? If you pay the filing fee, the clerk will: 1) Randomly assign a case number and judge, based on the county where the incident took place or where the defendant(s) reside. 2) Social Security appeals are randomly assigned to judges in Seattle or Tacoma, regardless of where you reside. 3) Issue summons, if submitted. If you file an IFP requesting that the court waive the filing fee, the clerk will: 1) Randomly assign a case number and judge, based on the county where the incident took place or where the defendant(s) reside. 2) Social Security appeals are randomly assigned to judges in Seattle or Tacoma, regardless of their location. 3) Summons will not be issued until an order is entered by the court and the clerk is given permission to issue them. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 16 Options for Payment of Copy and Filing Fees The Clerk’s Office accepts the following forms of payment: Visa, MasterCard, American Express and Discover Personal checks, cashier checks and money orders What the Clerk’s Office can and cannot do Although the clerk can answer most questions, we are legally prohibited from providing legal advice. We can: Answer general questions about how the court works, including providing you with the required forms to open a new case. Provide general information about court policies and procedures. We cannot: Give legal advice. This policy applies to all parties, including attorneys. Tell you whether you should file a case or what information to include in your court pleadings. Talk to the judge for you or let you talk to the judge outside of court. Determine when a decision will be made on your IFP or other pending motions as well as interpreting court orders. Interpret court rules. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 17 Part Three ELECTRONIC FILING SYSTEM W hen filing a new case, you must either pay the $402.00 filing fee or submit a Motion to Proceed In Forma Pauperis – referred to as an “IFP” – asking that the court waive the filing fee. Once the filing fee has been paid or the court has granted your IFP, you have the option of filing documents electronically using the Case Management/Electronic Case Filing System, referred to as “CM/ECF.” This system allows you to file documents electronically without delivering them in person or through the mail. It also allows you to receive and view via email everything that has been filed in your case by you, the judge, the defendants or any other parties in your case. Information about how to electronically file documents, the rules and procedures that must be followed and the ECF User Manual can be found on our website at www.wawd.uscourts.gov/representing-yourself-pro-se. You will also find a CM/ECF Pro Se Registration Form at the end of this guide. It is important that you review the registration form carefully as it is your responsibility to comply with the court’s electronic filing procedures. For questions, please contact the ECF Support Team at (206) 370-8440, option#2 or via email at cmecf@wawd.uscourts.gov. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 18 Registration Requirements You are not required to use the court’s electronic filing system. If you are not computer savvy or do not have access to a computer, we recommend that you file your documents in person or through the mail. The following requirements must be met to register for electronic filing: The filing fee has been paid or the Motion to Proceed In Forma Pauperis (IFP) has been granted. You are a party to the case for which you are applying for electronic filing. You meet the following technical requirements: 1. A personal computer with Internet access. 2. Internet Explorer or Firefox browser. Other browsers (Safari, Google Chrome; Microsoft Edge) may have functionality issues with the court’s ECF system and are not supported. 3. Software to convert your documents to PDF format (portable document format) OR a scanner set to 200 dpi (dots per inch) for scanning documents to PDF format. 4. Adobe Acrobat Reader software to view and save documents in PDF format. 5. Experience and knowledge of word processing applications, printers and the Internet. 6. An email account to receive notices of filings and court orders. How to Register The court offers two CM/ECF registration options: 1. E-Filer and E-Service With this service, you can electronically file documents through the court’s CM/ECF system as well as receive service of court documents via email. 2. E-Service Only With this service, you will receive court documents electronically via email, but you must file all documents in person or through the mail. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 19 E-Filer and E-Service Registration To successfully register to electronically file documents in this court, you must complete the following steps: 1. Complete and submit the registration form, indicating which e-filing service you are applying for. 2. Register for a PACER-Case Search Only account through pacer.gov. 3. Register for Non-Attorney Filers access through pacer.gov. Complete the Registration Form A separate ECF Pro Se Registration Form must be submitted for every case that you file in this court. You are also required to have a case number before your account can be activated. The following instructions are designed to help you successfully register to e-file in this court. 1. Complete all fields on the Pro Se Registration Form, including your name, phone number, case number, email address and mailing address. a) To receive service of documents and notice of electronic filings to your email address, chose the FIRST option. This option does not allow you to file documents electronically. Instead, you must file a paper copy either in person or through the mail. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 20 b) To file documents electronically, receive service of documents and be notified via email when a document has been filed, check the SECOND option. With this option, you waive your right to file and receive documents in your case in person or by other means. You will receive all documents electronically from the court and other parties. A paper copy will not be mailed to you. 2. Read the registration form carefully before signing and dating the document. 3. Once you have completed the form, you can return it via email or through the mail. The court’s email address and mailing address can be found at the bottom of the registration form. PACER (Public Access to Court Electronic Records) Public Access to Court Electronic Records (PACER) is an electronic public service database that allows users to obtain case and docket information from the United States Federal Appellate Courts, United States District Courts and United States Bankruptcy Courts. Electronic access is available by registering with the PACER Service Center, the judiciary's centralized registration, billing, and technical support center. Additional information can be found on their website at www.pacer.gov or by calling (800) 6766856. Electronic Filing Assistance If you have questions about electronic filing, the CM/ECF support desk can be contacted by phone or email. (206) 370-8440 cmecf@wawd.uscourts.gov Monday – Friday, 8am to 5pm Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 21 Electronic Filing Terminology Available Events. A list containing the types of document(s) you are filing. CM/ECF. Case Management/Electronic Case Filing. Docket text. The official court record of your filing. ECF Menu. The menu is the blue bar located at the top of the page. You will choose “Civil” to begin filing your documents Login Screen. The screen where you will enter your ECF login and password. The redaction agreement box to the right of the login must be checked to begin filing your documents. NOTE: The “Client Code” field is not mandatory. Main Document and Attachments. To search for a PDF document on your computer, click on the “Browse” button. A main document example would be a motion. An attachment example would be a proposed order or exhibit. Notice of Electronic Filing (NEF). A receipt indicating your document has been transmitted to the court. This will be sent to the e-mail address provided to the court when you registered for CM/ECF. You must save or print the notice. The notice will include a copy of the filed document with a hyperlink (in blue) which will allow you to view, print or save the document. Your availability to view the document will expire fourteen days from the date of receipt. You may view a document once without being charged by clicking on the document number in the email you receive. This is known as the “free look.” Make sure you click on the document once (not twice) or you may be charged a viewing fee by PACER, which is currently .10 cents per page. PDF. Portable Document Format. A document created with almost any word processing program can be converted to a PDF. The PDF conversion program takes a picture of the document, so it can be opened across a broad range of hardware and software systems, with layout, format, links and images intact. Only documents in PDF format may be filed with the court using the ECF system. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 22 Part Four SERVICE OF SUMMONS AND COMPLAINT What does service mean? Y ou are required to let the defendant(s) know that you have filed a case against them. Once the filing fee has been paid or your IFP has been granted, you can request that the clerk issue summons to each defendant listed on your complaint. The original summons form will then be returned to you for execution of service on the defendant(s). The court cannot serve the defendant(s) on your behalf, except if ordered by the court. It is your responsibility to ensure that each defendant receives a copy of the certified summons form, a copy of your complaint and any other documents that were filed. This process is called “service” or “serving the defendant.” The rules for serving the complaint are different from the rules for serving other documents. If the complaint is not properly served on the defendants, your case could be subject to dismissal. The requirements for serving the complaint are established by FRCP 4. When must service be done? The defendant(s) must be served within 90 days after the complaint is filed, as established by FRCP 4(m). Since there are different rules for serving individuals living in foreign countries, the United States, federal employees, federal agencies, minors or incompetent persons, corporations and foreign, state or local governments, please review FRCP 4 carefully to ensure defendant(s) are properly served. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 23 How should summons be presented? Once the filing fee has been paid or the court grants your IFP, you may present summons to the clerk for signature and seal, as established by FRCP 4(b). Summons must be presented on the court’s form and can be found at the end of this guide or on our website at www.wawd.uscourts.gov/court-forms under “Civil.” 0 Who must be served? All defendant(s) named in your complaint must be served. Defendants who are not served within the required time limit may be dismissed from your case. The clerk can only issue summons for parties named as defendant(s) on the complaint. Who serves the documents? You are responsible for arranging to have the summons, complaint, and supporting documents served to the defendant(s) within the timeframe established by FRCP 4(m). Any person over the age of 18 and not a party to the case may serve the required documents. In some cases, the judge may order that service be made by a United States Marshal or someone appointed by the court, as established by FRCP 4(c)(3). How does the Court know when summons have been served? Once the defendant(s) have been served, the original proof of service must be filed with the court, as established by FRCP 4(l). Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 24 Part Five WHAT HAPPENS AFTER YOUR CASE IS FILED? E very case is unique and may or may not follow the steps outlined below. This information is intended as a general guideline and not as the schedule for your case. You will receive written communication from the court regarding upcoming hearings or deadlines. Case assignment After your documents have been submitted, the clerk will randomly assign a case number and judge, based on where the incident took place or where the defendant(s) reside. You cannot request that a specific judge be assigned to your case. Once you have been assigned a case number and judge, the case number must be on every document you file with the court. If your case has been assigned to a district court judge, he or she may refer your case to a magistrate judge to handle different stages of your case leading up to trial. A magistrate judge may preside over a civil action or proceeding, including a jury or bench trial, pursuant to FRCP 73(a). If you have questions after your case has been assigned, you may contact the Clerk’s Office at the Seattle or Tacoma office (based on case assignment) and ask to speak with a case administrator. Seattle Clerk’s Office: 206-370-8400 Tacoma Clerk’s Office: 253-882-3800 Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 25 Defendants do not file an answer If a defendant does not file an answer within the timeframe required by law, the court may enter an order of default and default judgment, as established by FRCP 55(a)(b). Defendants file an answer If a defendant responds to the complaint by filing an answer or a motion, the case will then proceed to the pretrial stage. Pretrial process The judge assigned to your case may schedule a “pretrial conference” after discovery has been completed. A pretrial conference is a meeting between the judge and the parties to narrow down the issues and resolve matters necessary to the disposition of the case, as established by LCR 16(a)(1). Discovery To prepare a case for trial, the parties will conduct what is called “discovery.” The purpose of discovery is to prepare the parties for trial by requiring each party to assemble their evidence and be prepared to call witnesses to testify in court. Each side may file requests or “motions” with the court seeking rulings on the discovery of evidence or the procedures to be followed at trial. Discovery is the pretrial process by which one party acquires potential evidence from the opposing party via written interrogatories, depositions, and demands to produce documents. Discovery documents are rarely, if ever, filed with the court. The following are a few examples of common discovery documents. Deposition A “deposition” is like an interview where you, the defendant(s) or other witnesses answer questions in person and under oath. A deposition is usually recorded by audio recording, video recording, or by a court reporter, as established by FRCP 30. You are solely responsible for the payment of fees associated with the services of a court reporter. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 26 Interrogatories “Interrogatories” are written questions that must be answered in writing and under oath, as established by FRCP 33. Requests for Production These are written requests for documents and tangible items, like a defective product. The term “document” can include all forms of items such as drawings, graphs, charts, photographs, etc., as established by FRCP 34. Requests for admission These are written requests asking that you or the defendant(s) admit that certain facts are true or that certain documents are genuine, as established by FRCP 36. Dispositive motions During the course of the case, any party may file a “dispositive motion,” as established by FRCP 12 and FRCP 56. Dispositive motions are requests asking that the court dismiss one or more of the claims in favor of the moving party or dismiss the case in its entirety. Trial process A. Basic courtroom rules Gum chewing, eating, drinking, sleeping, or loud talking are not permitted in the courtroom. When the judge enters or departs the courtroom, you must stand up. Call the judge “Your Honor” and speak loudly and clearly. Cameras or other recording devices are not allowed in the courtroom. Cell phones must be completely turned off. B. Bench trial versus jury trial The United States court system has two types of trials, bench trials and jury trials. Bench trial A bench trial takes place in front of a judge. The judge – after listening to the evidence and legal arguments – will enter a final decision at the end of the case (called a “finding”). Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 27 Jury trial A jury trial takes place before a group of citizens who have been sworn to consider the evidence presented at trial and decide whether the case has merit and, if so, what damages should be awarded. C. Opening statement An “opening statement” is an opportunity for you to explain the issues in dispute and summarize what you believe will be proven during trial through witness testimony and evidence admitted by the court. The defendant(s) are not required to make an opening statement but may do so at the beginning of the trial or reserve it until after you have finished presenting your case. D. Evidence presentation Following opening statements, you – as the plaintiff – will begin presenting evidence to the judge or jury. Evidence can be presented through witness testimony and physical evidence. Strict rules govern the kinds of evidence that may be admitted and is governed by the Federal Rules of Civil Procedure (FRCP) and this court’s Local Civil Rules (LCR). E. Resting your case When you have finished presenting all the evidence that you intend to offer at trial, you will indicate to the judge that you have “rested” your case. F. Defense and rebuttal After you have rested your case, the defendant(s) will have an opportunity to call witnesses and offer evidence to the judge or jury. You may then offer evidence in rebuttal to explain or deny the defendant’s evidence. G. Closing argument After each side has rested, the next step is the presentation of “closing argument”. Closing argument is an opportunity for each party to summarize the evidence presented during the trial before the judge or jury enters a final decision. H. Jury instructions (if applicable) At the end of the presentation of evidence and after closing arguments, the judge will read the jury a set of legal standards, called “jury instructions.” These instructions are given to assist the jury in deciding whether the defendant should be held accountable for the plaintiffs’ alleged harm. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 28 I. Verdict If the case was tried before a jury Once a decision has been reached by the jury, the verdict will be announced in open court with all parties present. If the case was tried before the court (bench trial) The judge may enter a finding immediately or – which is more common – inform the parties that additional time is needed to consider the evidence presented at trial. Once a decision has been made, the court will enter a written finding and notify the parties. Judgment If you prevail at trial or win the case by default, the judge will direct the clerk to prepare a judgment indicating the amount of damages you have been awarded. The judgment will include the exact amount – in dollars and cents – and which defendant owes you how much money. The clerk will then prepare and sign a judgment pursuant to the court’s order. If you lose at trial or by summary judgment, the judge will direct the clerk to prepare a judgment stating that the defendant does not owe you damages. The defendant may also request the judge order you to pay costs and attorney fees associated with defending the case. The clerk will then prepare and sign a judgment pursuant to the court’s order. Notice of Appeal If you are not satisfied with the outcome of the trial, you may file an “Appeal,” which is an application to a higher court to reverse the decision made by a judge or jury in a lower court. Appeals from this court are decided by the United States Court of Appeals for the Ninth Circuit, commonly referred to as the “Ninth Circuit.” Time limits associated with filing an appeal can be found in the Federal Rules of Appellate Procedure, Rule 4. The fee to file an appeal is $505.00 unless the judge granted your IFP in this court. However, it is ultimately the decision of the Ninth Circuit whether you will need to pay the filing fee in their court. If you paid the filing fee for your case in this court but you cannot afford to pay the appeal fee, you may file an IFP with your appeal. To file an appeal, you must submit a “Notice of Civil Appeal” which can be found on our website at www.wawd.uscourts.gov/court-forms under “Civil.” Information about the Ninth Circuit Court of Appeals can be found on their website at www.ca9.uscourts.gov or by phone at (415) 355-8000. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 29 Part Six FILING DOCUMENTS AFTER YOUR CASE IS OPEN O nce your case has been filed, you will need to familiarize yourself with the rules regarding how documents are to be submitted to this court. The judge assigned to your case may have specific requirements for how they want documents to be presented. The web page for each judge – along with links to the Local Civil Rules (LCR) and Federal Rules of Civil Procedure (FRCP) – can be found on our website at www.wawd.uscourts.gov/representing-yourself-pro-se. Once your case has been opened, documents must be filed in paper form or electronically, if registered. In addition, you must serve the defendant(s) with a copy of all documents you file, as established by FRCP 5 and LCR 5. The clerk can assist you to a certain extent, but as stated throughout this manual, we are not allowed to provide legal advice. If you have questions about whether you should do something in your case, we suggest you consult with an attorney. Format of documents Documents must be submitted on 8½” x 11” white paper, bear 25-line numbers in the left margin, include the case caption, case number and typed or neatly written. If you submit pleadings in writing, use black or blue ink (no pencils) and write legibly on one side of the paper only. All documents must be signed and dated with an original signature and include your name, address and phone number. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 30 Motions To request that the court review and make a decision on a particular issue in your case, you can file a “Motion.” Motions must be filed in paper or electronically – if registered – and served on all parties. For most motions, the opposing party can file a response and the party who filed the motion can then file a reply. All motions must include a “Noting Date”. This is the date the motion will be ready for the judge’s review. The noting date must appear on the face of the motion directly under the document title, as established by LCR 7. Noting dates A. Same day motions The following motions may be noted for the same day they are filed. A response or reply is not permitted unless ordered by the court. Stipulations and agreed motions, as established by LCR 10(g). Motions to file over-length motions or briefs, as established by LCR 7(f). Motions for reconsideration, as established by LCR 7(h). Joint submissions pursuant to the optional procedure, as established by LCR 37(a)(2). Motions to appoint a mediator, as established by LCR 39.1(c)(3). Motions for default, as established by LCR 55(a). Requests or motions to enter default judgment when the opposing party has not appeared, as established by LCR 55(b)(1). Ex parte motions, as established by LCR 55(b)(2). Motions for a temporary restraining order (TRO), as established by LCR 65. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 31 B. Second Friday motions The following types of motions cannot be noted earlier than the second Friday after they are filed. Unless otherwise ordered by the judge, the response is due by the Wednesday before the noting date and the reply is due by the noting date. Motions for relief from a deadline, as established by LCR 7(d). Motions for protective orders, as established by LCR 7(d). Motions to seal, as established by CR 5(g). C. Third Friday motions Non-dispositive motions, except those specifically listed in other parts of LCR 7(d), cannot be noted any earlier than the third Friday after they are filed. The response is due by the Monday before the noting date and the reply is due by the noting date, unless otherwise ordered by the judge. Examples of non-dispositive motions include, but are not limited to, motions to amend pleadings, motions to remand and motions to compel discovery. D. Fourth Friday motions The following types of motions cannot be noted any earlier than the fourth Friday after they are filed. The response is due by the Monday before the noting date and the reply is due by the noting date, unless otherwise ordered by the judge. Motions to dismiss, as established by LCR 7(d)(3). Motions for preliminary injunction, as established by LCR 7(d)(3). Motions for class certification, as established by LCR 7(d)(3). Motions changing the forum through remand, transfer or to compel arbitration, as established by LCR 7(d)(3). E. Motions in limine “Motions in limine” are motions filed by a party asking the judge for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial, as established by LCR 7(d)(4). Motions in limine cannot be noted any earlier than the third Friday after filing but no later than the Friday before the pretrial conference, unless otherwise ordered by the judge. After a party files a motion in limine, the response is due by the Monday before the noting date. A reply is not permitted unless ordered by the judge. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 32 Sealed documents If you are filing a document that you want sealed from public view, you must first seek permission from the judge. The request must be submitted in the form of a “ Motion to Seal” and include a proposed order and declaration or affidavit supporting your motion. Sealed documents cannot be electronically filed and must be submitted in person or through the mail, as established by LCR 5(g)(9). The rule regarding the presentation of sealed documents are established by LCR 5(g)(3). The document(s) must be presented in a sealed envelope with the caption, case number and phrase, “FILED UNDER SEAL” on the front of the envelope. The envelope must be delivered in person to the Clerk’s Office. If the judge grants your motion to seal or permits a document to remain under seal, the document will remain sealed until further order of the court, as established by LCR 5(g)(7). If the judge denies your motion to seal, the clerk will unseal the document. In addition, the party who is relying on the sealed document may also request that the court withdraw the document from the record rather than unseal it, as established by LCR 5(g)(6). Once a document is filed under seal, no one, including the party who filed the document(s), can access, retrieve, review, or print the document unless a motion to unseal is granted by the judge, as established by LCR 5(g)(8). Oral argument To request oral argument on a motion, “Oral Argument Requested” must be written under the case number and document title. If the request for oral argument is granted, the parties will be contacted as to the date and time of argument, as established by LCR 7. Change of Contact Information If your address, phone number or email address (if registered for electronic filing) changes, you must file a written notice within ten days of the change, as established by LCR 10(f). All subsequent pleadings, motions or other filings must reflect the new contact information. Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 33 Part Seven RESOURCES THAT MAY HELP YOU I f you cannot afford to hire an attorney, there are several agencies offer legal services. The following list is provided as a courtesy and by no means encompasses all legal resources available in the State of Washington. Washington State Legal Resources Clark County Volunteer Lawyers Program (360) 695-5313 www.ccvlp.org Clallam – Jefferson County Pro Bono Lawyers (888) 201-1014 www.cjcpbl.org Columbia Legal Services (800) 542-0794 www.columbialegal.org Cowlitz – Wahkiakum Legal Aid (360) 425-2579 www.cwlap.org Eastside Legal Assistance Program (425) 747-7274 www.elap.org Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 34 King County Neighborhood Legal Clinics (206) 267-7070 www.kcba.org/For-the-Public/Free-Legal-Assistance Island County Volunteer Lawyer Program (888) 201-1014 www.islandcountylegal.org Kitsap County Legal Services (360) 479-6125 www.kitsaplegalservices.org Lewis County Legal Aid (360) 748-0430 Northwest Immigrant Rights Project (206) 587-4009 www.nwirp.org Northwest Justice Project (888) 201-1014 www.nwjustice.org Snohomish County Legal Services (425) 258-9283 www.snocolegal.org Tacoma Pro Bono Community Lawyers (253) 572-5134 www.tacomaprobono.org Tacoma-Pierce County Lawyer Referral Service (253) 383-3432 www.tpcba.com/public/lawyer-referral-service Thurston County Volunteer Legal Services (360) 705-8194 www.tcvls.org Washington State Bar Association (206) 443-9722 • (800) 945-9722 www.wsba.org/resources-and-services/find-legal-help Whatcom County LAW Advocates (360) 671-6079 Ext 15 www.lawadvocates.org Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 35 Federal Civil Rights Legal Clinic The Federal Bar Association for the Western District of Washington offers two legal clinics in Seattle and Tacoma wherein volunteer attorneys provide pro se litigants with free legal advice regarding federal civil rights issues, including discrimination, unlawful search and seizure, excessive force, free speech, voting rights, Second Amendment rights, prisoner rights and religious freedom. Volunteer attorneys cannot provide legal representation but can refer you to other community resources. Due to the COVID pandemic, all clinic sessions will be conducted over the phone for the foreseeable future and are by appointment only. Seattle Appointments Tacoma Appointments To make an appointment, fill out a client intake form at www.kcba.org/nlc or call (206) 267-7070 and press “1” to leave a message. You will receive a call within 7 business days of receipt of the form to complete the screening process. To make an appointment, call (253) 368-6690. Phone lines are open Monday through Thursday from 10:00am – 3:00pm. Appointments are scheduled the first Thursday of every month from 12:00pm – 2:00pm. Appointments are scheduled four Thursdays per month from 12:00pm – 2:00pm. The Clerk’s Office is not associated with the legal clinic and cannot assist with making appointments or answering questions about their services. Flyers for both locations can be found at the end of this packet or on our website at www.wawd.uscourts.gov/representing-yourself-pro-se Pro Se Guide to Filing Your Lawsuit in Federal Court (Rev. Mar-21) Page | 36 WAWD (Rev. 2/2018) IFP and Written Consent UNITED STATES DISTRICT COURT Western District of Washington Case Number: Plaintiff DECLARATION AND APPLICATION TO PROCEED IN FORMA PAUPERIS AND WRITTEN CONSENT FOR PAYMENT OF COSTS vs. Defendant(s) DECLARATION AND APPLICATION TO PROCEED IN FORMA PAUPERIS I (print your name) declare I am the plaintiff in this case; I believe I am entitled to relief; and I am unable to pay the costs of this proceeding or give security therefor. The nature of my action is briefly stated as follows: In support of this application, I answer all of the following questions: 1. Are you presently employed? Yes Total amount of net monthly salary (take home pay) $ Name and address of employer No Date of last employment Total amount of last net monthly salary $ 2. If married, is your spouse presently employed? Not married Yes Total amount of spouse's net monthly salary (take home pay) $ Name and address of employer No Date of spouse's last employment Total amount of last net monthly salary $ 3. For the past twelve months, list the amount of money you and/or your spouse have received from any of the following sources. a. Business, profession or other self-employment $ b. c. d. e. f. $ $ $ $ $ Income from rent, interest or dividends Pensions, annuities or life insurance payments Disability, unemployment, workers compensation or public assistance Gifts or inheritances Money received from child support or alimony g. Describe any other source of income $ Page 1 of 2 4. List the amount for each of the following for you and/or your spouse: Cash on hand $ Checking Account $ Savings Account $ 5. Do you and/or your spouse own or have any interest in any real estate, stocks, bonds, notes, retirement plans, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? If Yes, describe the property and state its approximate value: Yes $ No 6. Are any persons dependent upon you or your spouse for support? If Yes, state their relationship to you or your spouse, and indicate how much is contributed toward their support each month. (Do not include names of minor children. ) Yes $ No 7. Describe the types of monthly expenses you incur, such as housing, transportation, utilities, loan payments, or other regular monthly expenses and the amount spent each month. $ 8. Provide any other information that will help explain why you cannot pay court fees and costs. I declare under penalty of perjury that the foregoing is true and correct. Executed on: (Date) Signature of Plaintiff (Required) WRITTEN CONSENT FOR PAYMENT OF COSTS UNDER LOCAL RULE CR3(c) I, (print your name) hereby consent that any recovery in damages that I may receive in the above-captioned cause may be reduced, if so directed by the court, in such an amount as is necessary for payment of the unpaid fees and costs which are taxed against me in the course of this litigation. Executed on: (Date) Signature of Plaintiff (Required) Page 2 of 2 CIVIL COVER SHEET JS 44 (Rev. 10/20) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS (b) DEFENDANTS County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) Attorneys (Firm Name, Address, and Telephone Number) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1 U.S. Government Plaintiff 3 Federal Question (U.S. Government Not a Party) 2 U.S. Government Defendant 4 Diversity (Indicate Citizenship of Parties in Item III) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State 1 2 2 Incorporated and Principal Place of Business In Another State 5 5 Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 6 Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Citizen of Another State IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT DEF 1 PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY BANKRUPTCY 625 Drug Related Seizure of Property 21 USC 881 690 Other 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions PROPERTY RIGHTS 820 Copyrights 830 Patent 835 Patent - Abbreviated New Drug Application 840 Trademark 880 Defend Trade Secrets Act of 2016 SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS—Third Party 26 USC 7609 OTHER STATUTES 375 False Claims Act 376 Qui Tam (31 USC 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit (15 USC 1681 or 1692) 485 Telephone Consumer Protection Act 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) 1 Original Proceeding 2 Removed from State Court 6 Multidistrict Litigation Transfer Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) Brief description of cause: VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. CHECK YES only if demanded in complaint: DEMAND $ JURY DEMAND: (See instructions): JUDGE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # 8 Multidistrict Litigation Direct File AMOUNT APPLYING IFP JUDGE MAG. JUDGE Yes No JS 44 Reverse (Rev. 10/20) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service. VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet. AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Western District of of Washington __________ District __________ ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff(s) v. Defendant(s) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . u I personally served the summons on the individual at (place) on (date) ; or u I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or u I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or u I returned the summons unexecuted because ; or u Other (specify): . My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: 0.00 . 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 13 14 ) ) ) ) Plaintiff(s) ) ) vs. ) ) ) ) Defendant(s) ) ____________________________________) CASE NO. ___________________ APPLICATION FOR COURTAPPOINTED COUNSEL Noted for Determination on: ______________________________ (Insert date of 3rd Friday after filing) 15 16 17 MOTION 18 Plaintiff respectfully requests that the Court appoint counsel to represent him/her. This action 19 seeks relief under federal statutes protecting civil rights. This is not, however, an employment 20 discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. 21 FINANCIAL AFFIDAVIT 22 Has this Court previously granted you leave to proceed in forma pauperis? ________. If such 23 was granted in a different case in this Court, please supply the case number. ___________________. 24 (Please complete in full the attached Financial Affidavit.) 25 26 27 28 Application for Court-Appointed Counsel 1 1 PREVIOUS EFFORTS TO RETAIN AN ATTORNEY 2 Describe briefly the efforts you have already made to retain an attorney. Indicate as accurately 3 as possible how many attorneys you have contacted, and over what period of time. You need not 4 identify the specific attorneys, and should not indicate the reasons they declined to represent you. 5 ________________________________________________________________________________ 6 ________________________________________________________________________________ 7 ________________________________________________________________________________ 8 ________________________________________________________________________________ 9 __________________________________________________________________________________ 10 MERITS OF CLAIM 11 Has the Equal Employment Opportunity Commission, the Washington State Human Rights 12 Commission, or other state or federal agency officially determined whether there is reasonable cause 13 to believe that the allegations of your complaint are true?____________. If so, please identify the 14 agency which made the finding, and the conclusion the agency reached. _______________________ 15 ________________________________________________________________________________ 16 ________________________________________________________________________________. 17 If there has been no such finding in your favor by a government agency, you may attach a brief 18 statement showing why your claim has merit. Do not include exhibits or other evidence. Your 19 statement is incorporated in this application and is subscribed under oath. 20 21 AFFIDAVIT OF SERVICE The following is a list of all other parties, and their respective attorneys, who have appeared or 22 answered in this action. 23 PARTY ATTORNEY 24 ______________________________________ _______________________________________ 25 ______________________________________ ________________________________________ 26 ______________________________________ ________________________________________ 27 28 Application for Court-Appointed Counsel 2 1 2 I have directed a copy of this entire Application, by mail or by personal service, to the attorney for each such party. 3 I, _____________________________________, plaintiff in this action, swear that I have read 4 this entire Application, including any attachments, and the Complaint. In accordance with 28 U.S.C. 5 § 1746, I declare under penalty of perjury that the foregoing information is true and correct. 6 7 Executed on this _________ day of ______________, __________. 8 9 10 11 ___________________________________________ Signature of Plaintiff 12 13 14 15 Plaintiff’s Name, Address and Telephone: 16 _______________________________________________ 17 _______________________________________________ 18 _______________________________________________ 19 _______________________________________________ 20 21 22 23 24 25 26 27 Application for Court-Appointed Counsel 28 Revised 11/03 3 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 12 13 14 ) ) ) ) Plaintiff(s) ) ) vs. ) ) ) ) Defendant(s) ) ____________________________________) CASE NO. ___________________ APPLICATION FOR COURTAPPOINTED COUNSEL IN TITLE VII ACTION Noted for Determination on _____________________________ (Insert date of 3rd Friday after filing) 15 16 17 MOTION 18 Plaintiff respectfully requests that the Court appoint counsel to represent him/her pursuant of 19 42 U.S.C. §2000e-5(f)(1). This is an action alleging employment discrimination and seeking relief 20 under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. 21 FINANCIAL AFFIDAVIT 22 Has this Court previously granted you leave to proceed in forma pauperis? ________. If such 23 was granted in a different case in this Court, please supply the case number. ___________________. 24 (Please complete in full the attached Financial Affidavit.) 25 26 27 28 Application for Court-Appointed Counsel in Title VII Action 1 1 PREVIOUS EFFORTS TO RETAIN AN ATTORNEY 2 Describe briefly the efforts you have already made to retain an attorney. Indicate as accurately 3 as possible how many attorneys you have contacted, and over what period of time. You need not 4 identify the specific attorneys, and should not indicate the reasons they declined to represent you. 5 ________________________________________________________________________________ 6 ________________________________________________________________________________ 7 ________________________________________________________________________________ 8 ________________________________________________________________________________ 9 __________________________________________________________________________________ 10 MERITS OF CLAIM 11 Has the Equal Employment Opportunity Commission, the Washington State Human Rights 12 Commission, or other state or federal agency officially determined whether there is reasonable cause 13 to believe that the allegations of your complaint are true?____________. If so, please identify the 14 agency which made the finding, and the conclusion the agency reached. _______________________ 15 ________________________________________________________________________________ 16 ________________________________________________________________________________. 17 If there has been no such finding in your favor by a government agency, you may attach a brief 18 statement showing why your claim has merit. Do not include exhibits or other evidence. Your 19 statement is incorporated in this application and is subscribed under oath. 20 21 AUTHORIZATION FOR RELEASE OF INFORMATION TO MEMBERS OF THE CIVIL RIGHTS CASE SCREENING COMMITTEE 22 23 I hereby authorize the Equal Employment Opportunity Commission and the Washington State 24 Human Rights Commission to furnish to members of the Federal civil Rights Case screening Committee 25 and to any attorney subsequently selected by the Court to represent me with a copy of the files 26 maintained by them in connection with my complaint of discrimination. 27 28 Application for Court-Appointed Counsel in Title VII Action 2 AFFIDAVIT OF SERVICE 1 2 3 The following is a list of all other parties, and their respective attorneys, who have appeared or 4 answered in this action. 5 PARTY ATTORNEY 6 ______________________________________ _______________________________________ 7 ______________________________________ ________________________________________ 8 ______________________________________ ________________________________________ 9 10 11 I have directed a copy of this entire Application, by mail or by personal service, to the attorney for each such party. 12 I, _____________________________________, plaintiff in this action, swear that I have read 13 this entire Application, including any attachments, and the Complaint. In accordance with 28 U.S.C. 14 § 1746, I declare under penalty of perjury that the foregoing information is true and correct. 15 Executed on this _________ day of ______________, __________. 16 17 18 ___________________________________________ Signature of Plaintiff 19 20 21 Plaintiff’s Name, Address and Telephone: 22 _______________________________________________ 23 _______________________________________________ 24 _______________________________________________ 25 _______________________________________________ 26 27 Application for Court-Appointed Counsel in Title VII Action 28 Revised 11/03 3 U.S. DISTRICT COURT Western District of Washington Pro Se Registration Form For the Electronic Case Filing System (CM/ECF) Please complete a form for each case you have before the Court. Check One: All fields are required. Please register me to receive service of documents and notice of electronic filings to my email* via the Court's electronic filing system (CM/ECF). This option does not allow me to file documents electronically. I will continue to file documents in paper with the Court. Please register me to file documents electronically** and receive service of documents and notice of electronic filings to my email* via the Court's electronic filing system (CM/ECF). By signing the agreement to file your documents electronically through CM/ECF, you waive your ability to file your documents in paper form over the counter or through the mail. Name: Case No: E-mail Address: Phone no: Address: Signature (Type an "s/" and your name, or print and sign) Date signed * By registering for electronic service, you waive your right to receive service of documents by first class mail, according to Federal Rule Civil Procedure 5(b)(2)(E). You will be sent a Notice of Electronic Filing via e-mail. Upon receipt of this notice, you are permitted one "free look" at the document by clicking on the hyperlinked document number. The one "free look" will expire 15 days from the date the notice was sent. After the "free look" is used or expires, the document can only be accessed through PACER (Public Access to Court Electronic Records). It is required that you establish a PACER – Case Search Only account, by visiting the PACER website. PACER is an automated system that allows an individual to view, print, and download documents for a nominal fee. **By registering for electronic filing, you must familiarize yourself with and follow rules and procedures of the Court, such as the Federal Rules, Local Rules, and the Electronic Filing Procedures. To Email This Form: Save a copy of this form to your computer and then send it as an attachment to: cmecfreg@wawd.uscourts.gov. Submit by Email To Mail This Form: Print and mail to: Clerk, U.S. District Court, Western District of Washington, ATTN: ECF Registration, 700 Stewart Street, Suite 2310, Seattle, WA, 98101. PACER Registration: You are also required to request CM/ECF access via pacer.gov. Review the Pro Se Registration Instructions for step-by-step guidance. You will receive email confirmation of your registration when it is processed. For assistance, please contact the CM/ECF Support at (206)370-8440, then press Option 2 (Seattle area), (866)323-9293, then press Option 2 (Outside Seattle area) or email us at: cmecf@wawd.uscourts.gov. WAWD - ECF Registration Form for Pro Se Filers (Revised 01/27/2020) Our Seattle Clinic advises pro se litigants on federal civil rights issues, including discrimination, unlawful search and seizure, excessive force, free speech, voting rights, Second Amendment rights, prisoner rights, and religious freedom. Due To COVID-19, All Clinic Sessions Will Be Conducted Over The Phone Clinic Sessions Are By Appointment Only Four Thursdays Per Month 12:00-2:00 pm Volunteer attorneys will not provide legal representation but can refer you to other community resources. For Appointments Please Submit An Online Form at www.kcba.org/nlc or Call 206.267.7070 and Press “1” To Leave a Message Our Tacoma Clinic advises pro se litigants on federal civil rights issues, including discrimination, unlawful search and seizure, excessive force, free speech, voting rights, Second Amendment rights, prisoner rights, and religious freedom. Due To COVID-19, All Clinic Sessions Will Be Conducted Over The Phone Clinic Sessions Are By Appointment Only The First Thursday of Every Month 12:00-2:00 pm Volunteer attorneys will not provide legal representation but can refer you to other community resources. For Appointments Please Call 253.368.6690 Phone Lines Are Open Monday – Thursday, 10:00 am – 3:00 pm

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