Foster v. Vasquez et al

Filing 59

NOTICE Regarding 58 Motion for Summary Judgment, signed by Chief Judge Ralph R. Beistline on 11/4/14. (Marrujo, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL FOSTER,
Case No. 1:10-cv-01830-RRB
Plaintiff,
NOTICE REGARDING MOTION FOR
SUMMARY JUDGMENT AT DOCKET 58

vs.
CAPTAIN F. VASQUEZ, et al.,
Defendants.

Plaintiff is proceeding pro se in this civil action. At Docket 58 Defendants filed a
motion for summary judgment1 and served it on November 3, 2014. The Court hereby
notifies Plaintiff of the following rights and requirements for opposing the motion:2
1.

Unless otherwise ordered, all motions and oppositions must be briefed pursuant

to Local Rule 230(l).
2.

Plaintiff is required to file an opposition or a statement of non-opposition to

Defendants’ motion for summary judgment.3 The opposition or statement of non-opposition
must be filed not more than twenty-one (21) days after the date of service of the motion.4

1

Fed. R. Civ. P. 56.

2

See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d
1108 (9th Cir. 2003).
3
4

Local Rule 230(l).
Id.

NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT AT DOCKET 58
Foster v. Vasquez, 1:10-cv-01830-RRB – 1

3.

In responding to Defendants’ motion for summary judgment, Plaintiff may not

simply rely on allegations in the complaint.
(a)

Plaintiff must oppose the motion by setting forth specific facts in

declaration(s) and/or by submitting other evidence regarding the issue(s) raised in the motion,5
e.g., all or part of deposition transcripts, answers to interrogatories, admissions, or any other
properly authenticated document.
(b)

Defendants have served and filed a Statement of Undisputed Facts.

Plaintiff must either: (1) admit the facts are undisputed; or (2) deny the specific fact and cite
the evidence relied upon to support the denial.6
If Plaintiff does not submit evidence in opposition to the motion, the Court may accept
Defendants’ facts as true, and may, but not need not, conclude that Plaintiff is not entitled to
the relief requested in the complaint, and dismiss the complaint.7
4.

The Court will consider a request to postpone consideration of Defendants’

motion if Plaintiff serves and files a declaration affirmatively showing:
(a)

the specific fact(s) that Plaintiff believes exist; and

(b)

specifically why Plaintiff cannot present the fact(s) in opposition to the

motion.

5

See Fed. R. Civ. P. 43(c).

6

See Local Rule 260(b).

7

See Local Rule 230(I).

NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT AT DOCKET 58
Foster v. Vasquez, 1:10-cv-01830-RRB – 2

5.

Unsigned declarations will be disregarded, and declarations not signed under

penalty of perjury have no evidentiary value.
6.

If the Court grants Defendants’ motion, whether opposed or unopposed,

judgment will be entered in favor of Defendant without a trial and the case closed.
7.

The failure to comply with this order, the Federal Rules of Civil Procedure, or

the Local Rules of the Eastern District of California may result in the imposition of sanctions,
including but not limited to, dismissal of the action or entry of default.
IT IS SO ORDERED this 4th day of November, 2014.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT AT DOCKET 58
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