Filing a Cross-Motion for Summary Judgment in a copyright case in WA.

Question

I am currently involved in a copyright case in the Western District of Washington, with the Court located in Seattle. I am the creator and confirmed copyright owner of the work involved, as verified by the USCO. The defendants have filed a Motion for Summary Judgment with weak arguments, and I believe I hold a strong position. I am considering filing a Cross-Motion for Summary Judgment. Do I need to request permission from the Court before filing, or can I proceed according to the Local Rules and include a notice to file a Cross-Motion simultaneously?

James L. Arrasmith · Answer

You do not need advance permission to file a cross-motion for summary judgment in the Western District of Washington, provided you comply with the case scheduling order and the Local Civil Rules. A cross-motion must be filed as its own motion and noted in accordance with LCR 7; the court will typically consider the motion and cross-motion together. 
 
When you file, use CM/ECF’s Cross Motion event, include a proposed order, and set an appropriate noting date. For summary judgment, your cross-motion is a 28-day motion under LCR 7(d)(4), and the default limits are 8,400 words for the motion or response and 4,200 words for a reply unless the judge orders otherwise or grants an over-length request. You may combine your opposition to the defendants’ motion with your cross-motion in a single filing so long as you properly note the cross-motion.  
 
If you want synchronized briefing, confer with opposing counsel and submit a stipulated alternative schedule for the court’s approval or follow any chambers procedures that invite four-brief cross-motion schedules. Be mindful that once an opposition has been filed, renoting an already-filed motion requires a stipulation or court order, and any cross-motion still must be filed by the dispositive-motion deadline set in the Rule 16 scheduling order unless you obtain leave to modify it.

Q: Filing a Cross-Motion for Summary Judgment in a copyright case in WA.