Carabay v. Sayre et al
Filing
45
ORDER SETTING NEW BRIEFING SCHEDULE TO COMPLY WITH RAND SUMMARY JUDGMENT NOTICE; AND GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO FILE OPPOSITION by Judge Yvonne Gonzalez Rogers granting 39 Motion for Extension of Time to File Response/Reply re 38 MOTION for Summary Judgment Responses due by 8/29/2012. Replies due by 9/13/2012. (Attachments: # 1 Certificate/Proof of Service) (fs, 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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No. C 11-00289 YGR (PR)
JESSE CARABAY,
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Plaintiff,
ORDER SETTING NEW BRIEFING
SCHEDULE TO COMPLY WITH RAND
SUMMARY JUDGMENT NOTICE; AND
GRANTING PLAINTIFF'S REQUEST
FOR AN EXTENSION OF TIME TO FILE
AN OPPOSITION
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vs.
MICHAEL C. SAYRE et al.,
Defendants.
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United States District Court
For the Northern District of California
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Plaintiff Patrick Burke, a state prisoner, filed the above-titled pro se civil rights action
pursuant to 42 U.S.C. ยง 1983.
On June 18, 2012, Defendants filed their motion for summary judgment. (Docket No. 38.)
A recent decision from the Ninth Circuit, however, requires that pro se prisoner-plaintiffs be
given "notice of what is required of them in order to oppose" summary judgment motions at the time
of filing of the motions, rather than when the district court orders service of process or otherwise
before the motions are filed. Woods v. Carey, 684 F.3d 934, 935, 940-41 (9th Cir. 2012).
On July 23, 2012, Defendants submitted a filing containing the notice of the requirements
previously set forth by the Ninth Circuit in Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998),
and explained to Plaintiff what he must do in order to oppose a motion for summary judgment.
Plaintiff's opposition to Defendants' motion for summary judgment was due August 2, 2012.
Also pending before the Court is Plaintiff's request for an extension of time to file his opposition up
to and including August 29, 2012. In order to allow Plaintiff time to prepare his opposition to the
pending motion for summary judgment taking into account this Rand summary judgment notice, the
Court GRANTS his request (Docket No. 39), and sets the following new briefing schedule on
Defendants' motion for summary judgment: Plaintiff must file and serve his opposition to the
motion no later than August 29, 2012. Defendants shall file and serve their reply no later than
September 13, 2012.
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No further extensions of time will be granted in this case absent extraordinary
circumstances.
IT IS SO ORDERED.
DATED: August 21, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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United States District Court
For the Northern District of California
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G:\PRO-SE\YGR\CR.11\Carabay0289.DsRandNotice&grantEOToppn.wpd
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