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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF ARIZONA 6 Brian K. Stallings, 7 8 9 10 11 12 ) ) Plaintiff, ) CIV 13-00067 PHX RCB MEA ) v. ) ORDER ) Charles L. Ryan, Thomas A. Bell,) Nurse Martin, Wexford Health ) Solutions, ) ) Defendants. ) ______________________________ ) 13 Defendants Ryan and Martin have filed a motion for 14 summary judgment (Doc. 53), with regard to Plaintiff’s claims 15 against these Defendants, pursuant to Rule 56 of the Federal 16 Rules of Civil Procedure. 17 NOTICE--WARNING TO PLAINTIFF 18 THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1 19 Defendants’ motion for summary judgment seeks to have 20 your claims against these Defendants denied as a matter of law. 21 Rule 56 tells you what you must do in order to oppose 22 a motion for summary judgment. Generally, summary judgment must 23 be granted when there is no genuine issue of material fact, 24 i.e., if there is no real dispute about any fact that would 25 affect the result of your case, the party who asked for summary 26 judgment is entitled to judgment as a matter of law. 27 party you are suing makes a motion for summary judgment that is When a 28 1 Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc). 1 properly supported by declarations (or other sworn testimony), 2 you cannot simply rely on what your complaint says. 3 you must set out specific facts in declarations, depositions, 4 answers 5 provided in Rule 56(e), that contradict the facts shown in the 6 Defendant’s declarations and documents and show that there is a 7 genuine issue of material fact for trial. 8 your 9 appropriate, may be entered against you with regard to your 10 to own interrogatories, evidence in or authenticated opposition, Instead, documents, as If you do not submit summary judgment, if claims against these Defendants. 11 Rule 56.1 of the Local Rules of Civil Procedure for the 12 United States District Court for the District of Arizona also 13 requires, in addition, that you include as a part of your 14 opposition to a motion for summary judgment a separate statement 15 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. 16 17 18 19 20 21 22 23 24 25 26 Rule 7.2, United States District Court for the District 27 of Arizona Local Rules of Civil Procedure, subparagraph (e) 28 provides: -2- (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. 1 2 3 4 5 6 7 Subparagraph (i) provides: 8 13 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. 14 IT IS THEREFORE ORDERED that Plaintiff shall have 15 thirty (30) days from the date this order is filed to file any 16 response to Defendants Martin and Ryan’s motion for summary 17 judgment, 18 appropriate exhibits and a separate statement of facts. 9 10 11 12 together with supporting affidavits or other IT IS FURTHER ORDERED that Defendants shall file any 19 20 reply within fifteen 21 (15) days from the date Plaintiff’s response is filed. 22 IT IS FURTHER ORDERED that the motion shall be deemed 23 ready for decision without oral argument on the day following 24 the date set for filing a reply unless otherwise ordered by the 25 name on whose behalf it is filed. 26 DATED this 27th day of March, 2014. 27 28 -3-

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