Williams v. Adams et al

Filing 134

ORDER REQUIRING Plaintiff to File Either a Statement of His Desire to Rest on His Previously Submitted Opposition to Defendants' Motion for Summary Judgment OR to File a Supplemental Opposition, signed by Magistrate Judge Sandra M. Snyder on 8/29/2012. Twenty-One Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCUS R. WILLIAMS,
Plaintiff,

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vs.

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ADAMS, et al,

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1:05-cv-00124-AWI-SMS (PC)
ORDER REQUIRING PLAINTIFF TO FILE
EITHER A STATEMENT OF HIS DESIRE TO
REST ON HIS PREVIOUSLY SUBMITTED
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT OR TO FILE A
SUPPLEMENTAL OPPOSITION

Defendant(s).
(Doc. 77 )

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TWENTY-ONE DAY DEADLINE
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________________________________/

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C.
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Section 1983. This action is proceeding on Plaintiff’s Second Amended Complaint, filed on
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October 13, 2006 (Doc. 26 ), against Defendants Adams, Hansen, Wan, and Beeler for denial of
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exercise in violation of the Eight Amendment (Docs. 27, 34). The Second Informational Order
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was filed and served on the parties on July 12, 2007. (Doc 38.)
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On December 1, 2008, Defendants filed a motion for summary judgment. (Doc. 77.)
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Plaintiff filed a number of documents in opposition to which Defendants replied. (Docs. 77-84,
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109-118, 122-125.)
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As explained in the Second Informational Order, Plaintiff was required to file an
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opposition or a statement of non-opposition to the motion within twenty-one days. (Doc. 38.)
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Local Rule 78-230(m). Plaintiff was warned in the July 12, 2007 order that he has a right to

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oppose a motion for summary judgment and that to do so, he must show proof of his claims via

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legal argument and/or submission of contradicting evidence and/or requesting postponement of

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consideration of the motion based on good reason why facts are not available at the time an

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opposition is due. (Doc. 38.) Additionally, in light of the recent decision in Woods v. Carey,

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Nos. 09-15548, 09-16113, 2012 WL 2626912, at *5 (9th Cir. Jul. 6, 2012), an Amended Second

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Informational Order, issued which once again gave Plaintiff the applicable information and so

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has been provided with timely “fair notice” of the requirements for opposing a dispositive

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motion.

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It is noteworthy that, despite the lapse of time between filing and service of the July 12,

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2007 Second Informational Order and Plaintiff’s filing in opposition to Defendants’ Motion for

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Summary Judgment, voluminous documents were submitted for this motion, both supporting and

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opposing, total nearly 2,000 pages – the larger portion of which were filed by Plaintiff. Thus, it

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appears that Plaintiff submitted his best efforts to oppose Defendants’ motion and the Court is

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prepared to issue a Findings and Recommendations thereon. However, in order to comply with

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the Woods v. Carey requirements, Plaintiff is provided additional opportunity to file a

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supplemental opposition should he so desire.

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If Plaintiff files a supplemental opposition, Defendants may file a supplemental reply

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thereto in accordance with the applicable Local Rules and Federal Rules of Civil Procedure. Any

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supplemental opposition or reply should not repeat or resubmit any arguments or evidence that

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has previously been submitted. As numerous hours have already been expended reviewing the

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documents submitted by the parties on this matter, the Court will not look kindly on any

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repetitive submissions, as doing so would only serve to waste scarce Court resources. This

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opportunity to file supplemental opposition and reply is only to be utilized if there are arguments

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and/or evidence which have not been previously submitted. Any supplemental opposition or

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reply which duplicate the arguments and/or evidence previously submitted will subject to being

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stricken as duplicative.

Accordingly, within twenty-one (21) days from the date of service of this order, Plaintiff

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must file either a supplemental opposition, or a statement of his intent to rest on the documents

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he has already submitted in opposition to Defendants’ motion for summary judgment. If Plaintiff

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fails to file either of these responses, it will be deemed that he rests on his prior opposition and

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the matter submitted.

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IT IS SO ORDERED.

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Dated:
icido3

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August 29, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE