Acosta v. Suryadevara

Filing 56

ORDERED that Plaintiff must file a Response to 40 MOTION for SUMMARY JUDGMENT filed by S. Suryadevara no later that (30) days from the date of this order, signed by District Judge G. Murray Snow on 10/07/2010. (Response due by 11/9/2010)(Martin, S)

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( P C ) Acosta v. Suryadevara D o c . 56 1 2 3 4 5 6 7 8 9 10 11 12 S . Suryadevara, 13 Defendant. 14 15 16 17 18 19 20 T h e Defendant's Motion for Summary Judgment seeks to have your case dismissed. 21 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, 22 if granted, end your case without a trial. 23 T h e Court is mindful that Plaintiff is proceeding pro se and is incarcerated. But, pro 24 s e litigants are nonetheless bound by the same rules of procedure that govern other litigants. 25 A s the Court explained to you in its June 21, 2010 Order, if you do not respond to 26 D e f en d a n t's Motion for Summary Judgment, the Court may, in its discretion, enter judgment 27 28 1 I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA Greg Acosta, Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) N o . CV 1-08-1238-GMS ORDER P en d in g before the Court is Defendant's Motion for Summary Judgment, (Doc. 40). T h e motion was filed on May 5, 2010, along with notices of the motion and certificates of s e rv ic e . As of the date of this Notice, Plaintiff has not filed a Response. NOTICE--WARNING TO PLAINTIFF T H I S NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT 1 R a n d v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 d is m is s in g the action with prejudice. You must timely respond to the Defendant's motion. Rule 56 tells you what you must do in order to oppose a motion for summary ju d g m e n t. Generally, the Court must grant summary judgment if there is no real dispute about a n y fact that would affect the result of your case. It is up to you to show that a reasonable p e rs o n could find in your favor on the issues raised in this case. You cannot simply rely on w h a t your complaint says. Instead, you must set out specific facts that contradict the facts sh o w n in the Defendant's declarations and documents and show that there is a dispute as to a material fact that requires the case to go to trial, as provided in Rule 56(e). You may dispute the facts presented by the Defendant in several ways: (1) You may rely upon statements made under the penalty of perjury in the co m p lai n t if the complaint shows that you have personal knowledge of the matters s ta te d and if you direct the court to the specific parts of the complaint upon which you r e l y; (2 ) You may also serve and file affidavits or declarations 2 setting forth the facts w h ic h you believe prove your claim (the persons who sign the affidavit or d e c lar a tio n must have personal knowledge of the facts stated); (3) You may also rely upon written records but must prove that the records are what yo u claim they are 3 ; ( 4 ) You may also rely upon all or any part of the transcript of one or more depositions, a n s w e rs to interrogatories, or admissions obtained in this proceeding. In addition, Rule 260(b) of the Local Rules of Civil Procedure requires you to respond 18 to the Defendant's "Separate Statement of Undisputed Facts." Specifically, you must respond 19 to each of Defendant's 34 paragraphs of facts. For each of these facts, you must state whether 20 21 22 23 24 25 26 27 28 -2A n affidavit is a written declaration or statement of facts, made voluntarily, and c o n f irm e d by the oath or affirmation of the party making it, taken before an officer having a u th o rity to administer such oath. An unsworn declaration has the same effect as an affidavit, p ro v id e d that it is dated and signed under penalty of perjury, as follows: "I declare under p e n a lty of perjury that the foregoing is true and correct." 28 U.S.C. 1746. Affidavits and d e c la ra tio n s must be made on personal knowledge and must set forth facts as would be a d m i s s ib le in evidence. Sworn or certified copies of all papers referred to in an affidavit must be attached to the affidavit and served on the opposing party. Rule 56(e). 3 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 yo u admit those facts that is agree those facts are correctly stated or deny the facts, " in c lu d in g with each denial 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 support of that d e n ia l." (Rule 260(b)). In addition, you may also provide a short "Statement of Disputed F a c ts," with citation to sources contained in the record, listing all additional material facts a s to which there is a genuine dispute precluding summary judgment. You are responsible f o r filing "all evidentiary documents cited" in the response to Defendant's Separate S tate m e n t of Undisputed Facts and your Statement of Disputed Facts, if you choose to file s u c h a document. If you do not contradict Defendant's motion with affidavits, declarations, or other e v id e n c e, Defendant's evidence will be taken as truth, and the Court may enter final judgment w ith o u t a full trial. See Rule 56(e). I T IS ORDERED that Plaintiff must file a response to Defendant's Motion for S u m m a ry Judgment no later than 30 days from the date of this Order. I T IS FURTHER ORDERED that Defendant may file a reply within 15 days after s e rv ic e of Plaintiff's response. IT IS FURTHER ORDERED that the Motion for Summary Judgment will be d e e m e d ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. D A T E D this 7th day of October, 2010. -3-

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