Howard v. Lane, et al.

Filing 56

ORDER Regarding Motion For Summary Judgment, signed by Chief Judge Ralph R. Beistline on 2/18/2015. (Responses due by 3/20/2015)(Fahrney, E)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TIMOTHY HOWARD,
Case No. 1:12-cv-01875-RRB
Plaintiff,
ORDER REGARDING MOTION
FOR SUMMARY JUDGMENT

vs.
C. LANE, et al.,
Defendants.

At Docket 55 Defendants M. Harris and J. Martin filed a Motion for Summary
Judgment. Plaintiff is a state prisoner appearing pro se. 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 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.2 The opposition or statement of non-opposition
must be filed not later than March 20, 2015.
3. In responding to Defendants’ Motion for Summary Judgment, Plaintiff may not
simply rely on allegations in the Complaint.

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 MOTION AT DOCKET 55
Howard v. Lane, 1:12-cv-01875-RRB - 1

(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.
6. If the Court grants Defendants’ motion, whether opposed or unopposed, judgment
will be entered in favor of Defendants without a trial and the case closed.

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 MOTION AT DOCKET 55
Howard v. Lane, 1:12-cv-01875-RRB - 2

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 18th day of February, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER REGARDING MOTION AT DOCKET 55
Howard v. Lane, 1:12-cv-01875-RRB - 3