Opinion
C23-1130JLR
10-04-2023
ALAN MILLS, Plaintiff, v. NOAH ZEICHNER, Defendant.
ORDER
JAMES L. ROBART UNITED STATES DISTRICT JUDGE
Before the court is the parties' expedited joint motion for discovery, which they filed using the process set forth in Local Civil Rule 37(a)(2). (Mot. (Dkt. # 22)); see also Local Rules W.D. Wash. LCR 37(a)(2). Pro se Plaintiff Alan Mills identifies himself as the moving party behind the parties' submission. (Mot. at 1.) Accordingly, Mr. Mills is “responsible for filing the motion containing both parties' positions on the discovery disputes, any declarations submitted by the parties, and the proposed form of order.” Local Rules W.D. Wash. LCR 37(a)(2)(H). In addition, as the moving party, Mr. Mills must “certify in the motion that it has complied with these requirements.” Id.; see id., App'x B (providing example language for this certification).
The morning after Mr. Mills filed the joint motion, counsel for Defendant Noah Zeichner separately filed her declaration in support of Mr. Zeichner's responses to Mr. Mills's discovery motions. (Murphy Decl. (Dkt. # 23); see Mot., passim (citing “Airut Murphy Decl.”).) Mr. Zeichner's counsel asserts that (1) she indicated to Mr. Mills that she intended to file her declaration and its attached exhibits with the joint motion and (2) Mr. Mills “did not share a copy of the final submission or attached exhibits or otherwise correspond with [her] about submitting [her] declaration prior to filing the joint submission.” (Id. ¶ 8.) Having reviewed the joint motion, the court agrees that (1) Mr. Mills failed to attach Mr. Zeichner's attorney's declaration to the joint motion, and (2) did not include the certification required by LCR 37(a)(2)(H).
Moreover, the joint submission is signed only by Mr. Mills. (See Mot. at 22.) Although LCR 37(a)(2) does not expressly state that both parties must sign the joint submission, Federal Rule of Civil Procedure 11(a) requires that every pleading be signed by an attorney of record for the filing party-or by the party personally if the party is proceeding pro se-and authorizes the court to strike unsigned pleadings. See Fed.R.Civ.P. 11(a). Because the instant filing is a joint motion that includes the positions of both parties, the court concludes that it must be signed by both Mr. Mills and counsel for Mr. Zeichner before it is filed with the court. See Fed.R.Civ.P. 11(b) (explaining the significance of the attorney or party's signature).
For these reasons, the court STRIKES the joint motion (Dkt. # 22) without prejudice. The parties may re-file an expedited joint motion for discovery that complies with all Local and Federal Rules after Mr. Zeichner serves his supplemental discovery responses on October 13, 2023 (see Mot. at 21) and the parties meet and confer regarding the same.