Stallings v. Ryan et al

Filing 56

ORDER that Plaintiff shall have thirty (30) days from the date this Order is filed to file any response to Defendants' 53 MOTION for Summary Judgment. Signed by Magistrate Judge Mark E Aspey on 3/27/2014. (See Order for details.)(LFIG)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Brian K. Stallings,
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)
)
Plaintiff,
) CIV 13-00067 PHX RCB MEA
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v.
) ORDER
)
Charles L. Ryan, Thomas A. Bell,)
Nurse Martin, Wexford Health
)
Solutions,
)
)
Defendants.
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______________________________ )

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Defendants Ryan and Martin have filed a motion for

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summary judgment (Doc. 53), with regard to Plaintiff’s claims

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against these Defendants, pursuant to Rule 56 of the Federal

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Rules of Civil Procedure.

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NOTICE--WARNING TO PLAINTIFF

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THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1

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Defendants’ motion for summary judgment seeks to have

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your claims against these Defendants denied as a matter of law.

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Rule 56 tells you what you must do in order to oppose

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a motion for summary judgment. Generally, summary judgment must

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be granted when there is no genuine issue of material fact,

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i.e., if there is no real dispute about any fact that would

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affect the result of your case, the party who asked for summary

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judgment is entitled to judgment as a matter of law.

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party you are suing makes a motion for summary judgment that is

When a

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Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc).

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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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you must set out specific facts in declarations, depositions,

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answers

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provided in Rule 56(e), that contradict the facts shown in the

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Defendant’s declarations and documents and show that there is a

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genuine issue of material fact for trial.

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your

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appropriate, may be entered against you with regard to your

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to

own

interrogatories,

evidence

in

or

authenticated

opposition,

Instead,

documents,

as

If you do not submit

summary

judgment,

if

claims against these Defendants.

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Rule 56.1 of the Local Rules of Civil Procedure for the

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United States District Court for the District of Arizona also

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requires, in addition, that you include as a part of your

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opposition to a motion for summary judgment a separate statement

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of facts in opposition to the motion for summary judgment.
Any party opposing a motion for summary
judgment must 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
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 must be set forth in a
separately numbered paragraph and must refer
to a specific admissible portion of the
record where the fact finds support.

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Rule 7.2, United States District Court for the District

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of Arizona Local Rules of Civil Procedure, subparagraph (e)

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provides:
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(1) Unless otherwise permitted by the Court,
a motion including its supporting memorandum,
and the response including its supporting
memorandum, may not exceed seventeen (17)
pages, exclusive of attachments and any
required statement of facts.
(2) Unless otherwise permitted by the Court,
a reply including its supporting memorandum
may not exceed eleven (11) pages, exclusive
of attachments.

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Subparagraph (i) provides:

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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.

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IT IS THEREFORE ORDERED that Plaintiff shall have

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thirty (30) days from the date this order is filed to file any

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response to Defendants Martin and Ryan’s motion for summary

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judgment,

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appropriate exhibits and a separate statement of facts.

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together

with

supporting

affidavits

or

other

IT IS FURTHER ORDERED that Defendants shall file any

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reply

within

fifteen

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(15)

days

from

the

date

Plaintiff’s

response is filed.

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IT IS FURTHER ORDERED that the motion shall be deemed

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ready for decision without oral argument on the day following

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the date set for filing a reply unless otherwise ordered by the

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name on whose behalf it is filed.

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DATED this 27th day of March, 2014.

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