George v. Potter, et al

Filing 81

ORDER signed by Magistrate Judge Dennis L. Beck on 10/7/2009 continuing hearing on 66 MOTION for SUMMARY JUDGMENT. (Motion Hearing reset for 11/20/2009 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck). Plaintiff is directed to file a response to Defendant's Statement of Undisputed Material Facts, Filing Deadline set for 10/30/2009. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 D e f e n d a n ts ' motion for summary judgment is set for hearing on October 9, 2009. 19 Plaintiff, proceeding through counsel, filed his opposition to the motion, along with a 20 S tatem en t of Facts in Opposition to Defendant's Motion for Summary Judgment. However, 21 P la in tif f 's opposition does not comply with the requirements of Rule 56-260(b), Local Rules 22 o f Practice. Rule 56-260(b) provides: 23 24 25 26 27 28 (b ) Opposition. Any party opposing a motion for summary judgment or summary a d ju d ica tio n shall reproduce the itemized facts in the Statement of Undisputed Facts a n d admit those facts that are undisputed and deny those that are disputed, including w ith each denial a citation to the particular portions of any pleading, affidavit, d ep o sitio n , interrogatory answer, admission or other document relied upon in support o f that denial. The opposing party may also file a concise "Statement of Disputed F a c ts ," and the source thereof in the record, of all additional material facts as to which th e re is a genuine issue precluding summary judgment or adjudication. The opposing 1 ) ) ) Plaintiff, ) ) ) vs. ) ) JOHN E. POTTER; and UNITED STATES ) POSTAL SERVICE, ) ) Defendants. ) ____________________________________) JODY K. GEORGE, 1:03cv06052 DLB ORDER CONTINUING HEARING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DIRECTING PLAINTIFF TO FILE A RESPONSE TO DEFENDANTS' STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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p a rty shall be responsible for the filing with the Clerk of all evidentiary documents c ite d in the opposing papers. See L.R. 5-133(j). If a need for discovery is asserted as a basis for denial of the motion, the party opposing the motion shall provide a s p e c if ic a tio n of the particular facts on which discovery is to be had or the issues on w h ic h discovery is necessary. Plaintiff's Statement of Facts in Opposition to Defendant's Motion for Summary J u d g m e n t is neither the response required or the concise statement permitted by Rule 562 6 0 (b ). Indeed, Plaintiff failed to file any response to Defendants' Statement of Undisputed M a te ria l Facts in Support of Defendants' Motion for Summary Judgment. For these reasons: 1. T h e hearing on Defendants' motion for summary judgment is continued from F rid a y, October 9, 2009, to Friday, November 20, 2009, at 9:00 a.m. 2. W ith i n twenty (20) days of the date of this Order, Plaintiff shall file a response to the Statement of Undisputed Material Facts in Support of Defendants' M o tio n for Summary Judgment in compliance with Local Rule 56-260(b), in clu d in g reproducing the itemized facts and admitting those facts that are u n d is p u te d and denying those that are disputed. With each denial, Plaintiff m u st provide a citation to the particular portions of any pleading, affidavit, d e p o sitio n , interrogatory answer, admission or other document relied upon in s u p p o rt of that denial. If not timely filed and in compliance with Rule 562 6 0 (b ), Plaintiff's response will be disregarded for purposes of resolving D e f e n d a n ts' motion for summary judgment. 3. W ith in ten (10) days of receiving Plaintiff's response to the statement of u n d is p u te d facts, Defendants may file a reply to the response.

IT IS SO ORDERED. Dated:

October 7, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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