Chappell v. Gerber et al

Filing 60

ORDER Regarding Response to Motion for Summary Judgment 58 , signed by Chief Judge Ralph R. Beistline on 2/10/15: Plaintiff is hereby granted through and including Monday, March 16, 2015, within which to serve and file a response to Defendants' motion. (Hellings, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
REX CHAPPELL,
Case No. 1:12-cv-01767-RRB
Plaintiff,
ORDER REGARDING RESPONSE TO
MOTION FOR SUMMARY JUDGMENT

vs.
GERBER, et al.,
Defendants.

At Docket 58 Defendants S. Shiesha, M. Vu, A. Joaquin, and H. Tate have filed a
motion for summary judgment. Plaintiff Rex Chappell is hereby granted through and including
Monday March 16, 2015, within which to serve and file a response to Defendants’ motion.
Plaintiff is proceeding pro se in this civil action. The Court hereby notifies Plaintiff of
the following rights and requirements for opposing the motion:1
1. Unless otherwise ordered, all motions and oppositions must be briefed in
accordance with Local Rule 230(l).
2. Plaintiff is required to file an opposition or a statement of non-opposition to
Defendants’ motion for summary judgment.2

1

See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d
1108 (9th Cir. 2003).
2

Local Rule 230(l).

ORDER REGARDING RESPONSE TO MOTION AT DOCKET 58
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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,3
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.4
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.5
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. Unsigned declarations will be disregarded, and declarations not signed under
penalty of perjury have no evidentiary value.

3

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

4

Fed. R. Civ. P. 56(c); see Local Rule 260(b).

5

Fed. R. Civ. P. 56(e); see Local Rule 230(I).

ORDER REGARDING RESPONSE TO MOTION AT DOCKET 58
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6. If the Court grant’s Defendants’ motion, whether opposed or unopposed, judgment
will be entered in favor of Defendants 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 10th day of February, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER REGARDING RESPONSE TO MOTION AT DOCKET 58
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