Summary
The United States District Court for the Western District of Washington addresses Plaintiff Brittney C. Boyd’s repeated procedurally improper and allegedly frivolous filings. The Court strikes her notice of supplemental authority, denies her emergency motion to compel and motion for a temporary restraining order, and orders her to show cause why the case should not be dismissed with prejudice. The order requires a response by January 8, 2026 and warns that continued violations of court rules and orders may result in dismissal.
Holdings
- The notice of supplemental authority was procedurally improper and was stricken because it did not support a pending motion, attempted to supplement or amend the complaint, and sought to revive claims previously dismissed with prejudice.
- The emergency motion to compel was denied because Plaintiff sought discovery before the Rule 26(f) conference, failed to meet and confer with Defendants, and failed to provide the certification required by the local discovery rule.
- The motion for a temporary restraining order was denied because it failed to describe efforts to give notice to Defendants or provide reasons why notice should not be required.
- The court ordered Plaintiff to show cause within 21 days why the case should not be dismissed with prejudice because her repeated frivolous filings and violations of court orders demonstrated continued disregard of procedural requirements despite repeated warnings.
Questions Presented
- Whether Plaintiff's notice of supplemental authority should be stricken as an improper attempt to amend or supplement the complaint and as a frivolous filing.
- Whether Plaintiff's emergency motion to compel should be denied for violating discovery procedures and prior court orders.
- Whether Plaintiff's motion for a temporary restraining order should be denied for failing to comply with Federal Rule of Civil Procedure 65(b)(1)(B).
- Whether Plaintiff should be ordered to show cause why the action should not be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) and the court's inherent authority.
Disposition
other
Cases Cited (12)
- Muñoz v. United States, 28 F.4th 973, 978 (9th Cir. 2022)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam)(followed)
- Denton v. Hernandez, 504 U.S. 25, 32-33 (1992)(followed)
- De Long v. Hennessey, 912 F.2d 1144, 1148 (9th Cir. 1990)(followed)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)
- Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986) (per curiam)(followed)
- Chambers v. NASCO, Inc., 501 U.S. 32, 44-45 (1991)(followed)
- In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)(followed)
- Valley Eng'rs Inc. v. Elec. Eng'g Co., 158 F.3d 1051, 1057 (9th Cir. 1998)(followed)
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Cited In (0)
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Court Document
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