Coston-Moore v. Medina et al

Filing 37

ORDER, signed by District Judge Raner Collins on 2/16/12: Plaintiff is ORDERED to file a supplemental response to Defendants' Motion for Summary Judgment 34 , no later than March 20, 2012. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Amber Renaye Coston-Moore,

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Plaintiff,

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vs.

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L. Medina, et al.,
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Defendant.
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No. 1:06-CV-01183-RCC
ORDER

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Defendants have filed a Motion for Summary Judgment pursuant to Rule 56 of the

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Federal Rules of Civil Procedure. (Doc. 34). The motion is fully briefed, but the Court will

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permit supplemental briefing in light of this notice, which is required to be given by the

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Court.

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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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The Defendants’ Motion for Summary Judgment seeks to have your case dismissed.

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A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will,

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if granted, end your case.

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Rule 56 tells you what you must do in order to oppose a motion for summary

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

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judgment. Generally, summary judgment must be granted when there is no genuine issue of

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material fact – that is, if there is no real dispute about any fact that would affect the result

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of your case, the party who asked for summary judgment is entitled to judgment as a matter

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of law, which will end your case. When a party you are suing makes a motion for summary

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judgment that is properly supported by declarations (or other sworn testimony), you cannot

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simply rely on what your complaint says. Instead, you must set out specific facts in

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declarations, depositions, answers to interrogatories, or authenticated documents, as provided

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in Rule 56(e), that contradict the facts shown in the Defendants’ declarations and documents

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and show that there is a genuine issue of material fact for trial. If you do not submit your

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own evidence in opposition, summary judgment, if appropriate, may be entered against you.

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If summary judgment is granted, your case will be dismissed and there will be no trial.

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Rule 260 of the Local Rules of Civil Procedure also requires that you include with

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your response to the Motion for Summary Judgment a separate statement of facts in

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opposition to the Motion for Summary Judgment. Your separate statement of facts must

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include numbered paragraphs corresponding to the Defendants’ (“moving party’s”) separate

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statement of facts.

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Any party opposing a motion for summary judgment shall file a statement, separate

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from that party’s memorandum of law, setting forth: (1) for each paragraph of the moving

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party’s separate statement of facts, a correspondingly numbered paragraph indicating whether

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the party disputes the statement of fact set forth in that paragraph and a reference to the

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specific admissible portion of the record supporting the party’s position [for example,

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affidavit, deposition, discovery response, etc.] if the fact is disputed; and (2) any additional

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facts that establish a genuine issue of material fact or otherwise preclude judgment in favor

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of the moving party. L.R. 260(b).

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Each additional fact shall be set forth in a separately numbered paragraph and shall

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refer to a specific admissible portion of the record where the fact finds support. Each

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numbered paragraph of the statement of facts set forth in the moving party's separate

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statement of facts shall, unless otherwise ordered, be deemed admitted for purposes of the
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motion for summary judgment if not specifically controverted by a correspondingly

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numbered paragraph in the opposing party’s separate statement of facts. L.R. 260(b)

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You must also cite to the specific paragraph in your statement of facts that supports
any factual claims you make in your memorandum of law.

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Memoranda of law filed in support of or in opposition to a motion for summary

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judgment, including reply memoranda, shall include citations to the specific paragraph in the

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statement of facts that supports factual assertions made in the memoranda.

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Additionally, a motion including its supporting memorandum, and the response

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including its supporting memorandum, each shall not exceed seventeen (17) pages, exclusive

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of attachments and any required statement of facts. Unless otherwise permitted by the Court,

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a reply including its supporting memorandum shall not exceed eleven (11) pages, exclusive

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of attachments. Attachments shall exclude materials extraneous to genuine issues of material

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fact or law.

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If a motion does not conform in all substantial respects with the requirements of this

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Local Rule, or if the unrepresented party or counsel does not serve and file the required

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answering memoranda, or if the unrepresented party or counsel fails to appear at the time and

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place assigned for oral argument, such non-compliance may be deemed a consent to the

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denial or granting of the motion and the Court may dispose of the motion summarily.

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You must timely respond to all motions. The Court may, in its discretion, treat your

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failure to respond to Defendants’ Motion for Summary Judgment as a consent to the granting

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of that Motion without further notice, and judgment may be entered dismissing this action

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with prejudice. See Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam).

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IT IS ORDERED that Plaintiff must file a supplemental response to Defendants’

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Motion for Summary Judgment, together with a separate Statement of Facts and supporting

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affidavits or other appropriate exhibits, no later than March 20, 2012.

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IT IS FURTHER ORDERED that Defendants may file a supplemental reply within
15 days after service of Plaintiff’s response.
IT IS FURTHER ORDERED that the Motion for Summary Judgment will be
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deemed ready for decision without oral argument on the day following the date set for filing

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a supplemental reply unless otherwise ordered by the Court.

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DATED this 16th day of February, 2012.

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