Hoeper v. City & County of San Francisco Department of Public Health Jail Health Services 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 08/02/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/2/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LESLIE RICHARD HOEPER,
No. C-11-0683 TEH (PR)
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Plaintiff,
ORDER GIVING ADDITIONAL NOTICE;
DEADLINE FOR PARTIES TO FILE
SUPPLEMENTAL MATERIALS
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v.
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United States District Court
For the Northern District of California
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CITY AND COUNTY OF SAN FRANCSICO,
et al.,
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Defendants.
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/
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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 somewhat similar
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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.
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In Wyatt v. Terhune, 315 F.3d
This court routinely provides these warnings in its orders
The Ninth Circuit now has held that the notices must be
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provided at the time the motions are filed, and that notices given
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in advance of such motions are not sufficient.
Woods v. Carey, No
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09-15548, slip op. 7871, 7874 (July 6, 2012).
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to all pending cases.
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have moved for summary judgment.
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motion and the time for him to do so has long passed.
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motion for summary judgment was filed before the opinion in Woods
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came down, of course the Rand notice was not given with the motion
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as required by Woods.
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Id. at 7885.
The new rule applies
In this case the defendants
Plaintiff has not opposed the
Because the
Plaintiff shall take notice of the following warning:
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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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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Rule 56 tells you what you must do in order to oppose a
Generally, summary judgment must be
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).
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If, after considering the above warning, Plaintiff wishes
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to file an opposition, he shall do so by August 30, 2012.
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Plaintiff makes a supplemental filing, defendants may file a reply
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within fourteen days of service of the supplemental filing.
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If
IT IS SO ORDERED.
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DATED
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08/02/2012
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\CR.11\Hoeper-11-0683-Woods Notice.wpd
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