Sanchez v. Grounds et al
Filing
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ORDER GIVING ADDITIONAL NOTICE; DEADLINE FOR PARTIES TO FILE SUPPLEMENTAL MATERIALS. Signed by Judge Thelton E. Henderson on 08/20/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/21/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GILBERTO SANCHEZ,
No. C-10-4882 TEH (PR)
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ORDER GIVING ADDITIONAL NOTICE;
DEADLINE FOR PARTIES TO FILE
SUPPLEMENTAL MATERIALS
Plaintiff,
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v.
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United States District Court
For the Northern District of California
JOSEPH CHUDY,
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Defendant.
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/
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On June 26, 2012, Defendant Joseph Chudy filed a motion
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for summary judgment pursuant to Rule 56 of the Federal Rules of
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Civil Procedure.
Doc #23.
According to the Court’s February 22,
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2011 Order of Service, Plaintiff must file his opposition to the
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summary judgment no later than thirty days after service of
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Defendant’s motion.
Doc. #5.
Defendant served his motion on
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Plaintiff more than thirty days ago and Plaintiff has not filed an
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opposition.
Before the Court rules on Defendant’s motion, it
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provides additional notice to Plaintiff.
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In Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998)
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(en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th
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Cir. 1988), the Ninth Circuit held that pro se prisoner litigants
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must be given a warning about the requirements of Rule 56 of the
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Federal Rules of Civil Procedure pertaining to summary judgment and
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the consequences of such a motion.
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1108, 1120 n. 4 (9th Cir. 2003), the court required a somewhat
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similar warning about unenumerated motions to dismiss for failure to
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exhaust.
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of service for prisoner pro se civil rights complaints.
This court routinely provides these warnings in its orders
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In Wyatt v. Terhune, 315 F.3d
The Ninth Circuit now has held that the notices must be
provided at the time the motions are filed, and that notices given
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in advance of such motions are not sufficient.
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F.3d 934, 939-40 (9th Cir. 2012).
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pending cases.
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summary judgment.
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for him to do so has passed.
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judgment was filed before the opinion in Woods came down, the Rand
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notice was not given with the motion as required by Woods.
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Id. at 941.
Woods v. Carey, 684
The new rule applies to all
In this case Defendants has moved for
Plaintiff has not opposed the motion and the time
Because the motion for summary
Plaintiff shall take notice of the following warning:
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Plaintiff is advised that a motion for summary judgment under Rule
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56 of the Federal Rules of Civil Procedure will, if granted, end
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your case.
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motion for summary judgment.
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granted when there is no genuine issue of material fact - that is,
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if there is no real dispute about any fact that would affect the
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result of your case, the party who asked for summary judgment is
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entitled to judgment as a matter of law, which will end your case.
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When a party you are suing makes a motion for summary judgment that
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is properly supported by declarations (or other sworn testimony),
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Rule 56 tells you what you must do in order to oppose a
Generally, summary judgment must be
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you cannot simply rely on what your complaint says.
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must set out specific facts in declarations, depositions, answers to
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interrogatories, or authenticated documents, as provided in Rule
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56(e), that contradicts the facts shown in the Defendants’
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declarations and documents and show that there is a genuine issue of
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material fact for trial.
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opposition, summary judgment, if appropriate, may be entered against
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you.
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and there will be no trial.
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Instead, you
If you do not submit your own evidence in
If summary judgment is granted, your case will be dismissed
Rand, 154 F.3d at 962-63 (App. A).
If, after considering the above warning, Plaintiff wishes
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to file an opposition, he shall do so by September 7, 2012.
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Plaintiff files an opposition, Defendants may file a reply within
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fourteen days thereafter.
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IT IS SO ORDERED.
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DATED
08/20/2012
THELTON E. HENDERSON
United States District Judge
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If
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