Morgal v. Arpaio et al
Filing
152
ORDER, Plaintiff shall have 30 days to file a Response to Defendant's 142 MOTION for Summary Judgment; within 15 days after service of Plaintiff's Response, if any, the Defenant may file a Reply, if any. Signed by Senior Judge Robert C Broomfield on 6/5/12. (Attachments: # 1 Copy of Order #143)(REW)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
11
12
13
14
)
)
)
Plaintiff,
)
)
vs.
)
)
Maricopa County Board of Supervisors, )
)
)
Defendant.
)
)
Allan Kenneth Morgal,
No. CV 07-670-PHX-RCB (ECV)
ORDER
15
16
17
Defendant has filed a Renewed Motion for Summary Judgment (Doc. #142) pursuant
to Rule 56 of the Federal Rules of Civil Procedure.
18
NOTICE--WARNING TO PLAINTIFF
19
THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1
20
The Defendant’s Motion for Summary Judgment seeks to have your case dismissed.
21
A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will,
22
if granted, end your case.
23
Rule 56 tells you what you must do in order to oppose a motion for summary
24
judgment. Generally, summary judgment must be granted when there is no genuine issue of
25
material fact – that is, if there is no real dispute about any fact that would affect the result
26
of your case, the party who asked for summary judgment is entitled to judgment as a matter
27
28
1
Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc).
1
of law, which will end your case. When a party you are suing makes a motion for summary
2
judgment that is properly supported by declarations (or other sworn testimony), you cannot
3
simply rely on what your complaint says. Instead, you must set out specific facts in
4
declarations, depositions, answers to interrogatories, or authenticated documents, as provided
5
in Rule 56(e), that contradict the facts shown in the Defendant’s declarations and documents
6
and show that there is a genuine issue of material fact for trial. If you do not submit your
7
own evidence in opposition, summary judgment, if appropriate, may be entered against you.
8
If summary judgment is granted, your case will be dismissed and there will be no trial.
9
Rule 56.1(b) of the Local Rules of Civil Procedure also requires that you include with
10
your response to the Renewed Motion for Summary Judgment a separate statement of facts
11
in opposition to the Renewed Motion for Summary Judgment. Your separate statement of
12
facts must include numbered paragraphs corresponding to the Defendant’s (“moving
13
party’s”) separate statement of facts:
14
15
16
17
18
19
20
21
(b) Any party opposing a motion for summary judgment shall file a
statement, separate from that party’s memorandum of law, setting forth: (1) for
each paragraph of the moving party’s separate statement of facts, a
correspondingly numbered paragraph indicating whether the party disputes the
statement of fact set forth in that paragraph and a reference to the specific
admissible portion of the record supporting the party’s position [for example,
affidavit, deposition, discovery response, etc.] if the fact is disputed; and
(2) any additional facts that establish a genuine issue of material fact or
otherwise preclude judgment in favor of the moving party. Each additional
fact shall be set forth in a separately numbered paragraph and shall refer to a
specific admissible portion of the record where the fact finds support. Each
numbered paragraph of the statement of facts set forth in the moving party's
separate statement of facts shall, unless otherwise ordered, be deemed admitted
for purposes of the motion for summary judgment if not specifically
controverted by a correspondingly numbered paragraph in the opposing party’s
separate statement of facts.
22
LRCiv 56.1(b). You must also cite to the specific paragraph in your statement of facts that
23
supports any factual claims you make in your memorandum of law:
24
25
26
27
28
(e) Memoranda of law filed in support of or in opposition to a motion
for summary judgment, including reply memoranda, shall include citations to
the specific paragraph in the statement of facts that supports factual assertions
made in the memoranda.
LR.Civ 56.1(e).
Additionally, Rule 7.2(e) of the Local Rules of Civil Procedure provides:
-2-
1
2
3
Unless otherwise permitted by the Court, a motion including its supporting
memorandum, and the response including its supporting memorandum, each
shall not exceed seventeen (17) pages, exclusive of attachments and any
required statement of facts. Unless otherwise permitted by the Court, a reply
including its supporting memorandum shall not exceed eleven (11) pages,
exclusive of attachments.
4
LRCiv 7.2(e). Finally, Rule 7.2(i) of the Local Rules of Civil Procedure provides:
5
6
7
8
9
If a motion does not conform in all substantial respects with the requirements
of this Local Rule, or if the unrepresented party or counsel does not serve and
file the required answering memoranda, or if the unrepresented party or
counsel fails to appear at the time and place assigned for oral argument, such
non-compliance may be deemed a consent to the denial or granting of the
motion and the Court may dispose of the motion summarily.
LRCiv 7.2(i).
10
You must timely respond to all motions. The Court may, in its discretion, treat your
11
failure to respond to Defendant’s Renewed Motion for Summary Judgment as a consent to
12
the granting of that Motion without further notice, and judgment may be entered dismissing
13
this action with prejudice pursuant to Rule 7.2(i) of the Local Rules of Civil Procedure. See
14
Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam).
15
IT IS ORDERED that Plaintiff must file a response to Defendant’s Renewed Motion
16
for Summary Judgment, together with a separate Statement of Facts and supporting affidavits
17
or other appropriate exhibits, no later than April 23, 2012
18
19
.
IT IS FURTHER ORDERED that Defendants may file a reply within 15 days after
service of Plaintiff’s response.
20
IT IS FURTHER ORDERED that the Motion for Summary Judgment will be
21
deemed ready for decision without oral argument on the day following the date set for filing
22
a reply unless otherwise ordered by the Court.
23
DATED this 23rd day of March, 2012.
24
25
26
27
28
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?