Kenya Darrick Caldwell v. City of Selma et al

Filing 85

INFORMATIONAL ORDER signed by Magistrate Judge Stanley A. Boone on 01/30/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KENYA DARRICK CALDWELL,

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Case No. 1:13-cv-00465-SAB

Plaintiff,

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INFORMATIONAL ORDER

v.

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CITY OF SELMA, et al.,

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Defendants.

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Parties to this litigation shall take note of the following requirements:

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In litigating this action, the parties must comply with the Federal Rules of Civil

19 Procedure and the Local Rules of the United States District Court, Eastern District of California
20 ("Local Rules"). This order highlights specific rules of which the parties should take particular
21 note. Failure to comply with Local Rules, federal rules or a court order, including this
22 order, will be grounds for dismissal, entry of default or other appropriate sanctions. See
23 Local Rule 110; Fed. R. Civ. P. 41(b).
1.

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Documents intended to be filed with the Court must be mailed to the Clerk of

25 Court. See Local Rule 134(a). All documents improperly mailed to a judge's chambers will
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26 be stricken from the record. A document requesting a Court order must be styled as a motion.

27 See Fed. R. Civ. P. 7.
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When a document is stricken, it becomes a nullity and is not considered by the Court for any purpose.

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Each document submitted for filing must include the original signature of the

2 filing party or parties. See Local Rule 131; Fed. R. Civ. P. 11(a). All documents submitted
3 without the required signature(s) will be stricken.

Each separate document must be

4 separately stapled. See Local Rule 130. If a document is stapled behind another document, it
5 will not be filed and will not be entered on this Court's docket.
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3.

All documents filed with the Court must be submitted with an additional legible

7 conformed copy for the Court's use. See Local Rule 133(d)(2). A document submitted without
8 an extra copy for the Court's use will be stricken. If the filing party wishes the Court to return
9 a file−stamped copy, he or she must include an additional copy for that purpose (i.e., submit an
10 original and two copies, one for the Court's use and one to be returned). The Court cannot
11 provide copy or mailing service for a party, even for an indigent plaintiff proceeding in forma
12 pauperis. Therefore, if the filing party wishes a file−stamped copy returned, the party must also
13 provide an envelope with adequate postage pre−paid. Copies of documents from the Court file
14 may be obtained at the cost of 50 cents per page.
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4.

After any defendants have appeared in an action by filing a pleading responsive to

16 the complaint (i.e., an answer or motion to dismiss), all documents filed with the Court must
17 include a certificate of service stating that a copy of the document was served on the opposing
18 party. See Local Rule 135; Fed. R. Civ. P. 5. A document submitted without the required
19 proof of service will be stricken. Where a party is represented, service on the party's attorney
20 of record constitutes effective service. A sample of a proper proof of service is attached hereto.
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5.

All filings must bear the file number assigned to the action, followed by the

22 initials of the District Court Judge and the Magistrate Judge to whom the case is assigned.
23 Where plaintiff simultaneously pursues more than one action, he or she must file separate
24 original documents and the appropriate number of copies in each action to which the document
25 pertains. Documents submitted listing more than one case number in the caption will be
26 stricken.
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The Court cannot serve as a repository for the parties' evidence. The parties may

28 not file evidence with the Court until the course of litigation brings the evidence into question

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1 (for example, on a motion for summary judgment, at trial, or when requested by the Court).
2 Evidence improperly submitted to the Court will be stricken and returned to the party.
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7.

All Court deadlines will be strictly enforced. Requests for time extensions must

4 state the reason the extension is needed and must be filed with the Court before the deadline in
5 question. See Local Rule 144.
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8.

A Plaintiff proceeding in propria persona has an affirmative duty to keep the

7 Court and opposing parties informed of his or her current address. If a plaintiff moves and fails
8 to file a notice of change of address, service of Court orders at plaintiff's prior address shall
9 constitute effective notice. See Local Rule 182(f). If mail directed to plaintiff is returned by the
10 U.S. Postal Service as undeliverable, the Court will not attempt to remail it. If the address is
11 not updated within 60 days of the mail being returned, the action will be dismissed for
12 failure to prosecute. See Local Rule 183(b).
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9.

Due to the press of business, the Court cannot respond to individual requests for

14 the status of cases. Any such requests will be denied. So long as the parties inform the Court of
15 any address changes in compliance with Local Rule 183(b), the Court will notify the parties of
16 any Court action taken in their case.
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10.

Defendants must reply to the complaint within the time provided by the applicable

18 provisions of Fed. R. Civ. P. 12(a).
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11.

Unless otherwise ordered, all motions to dismiss, motions for summary judgment,

20 motions concerning discovery, motions pursuant to Fed. R. Civ. P. 7, 11, 12, 15, 41, 55, 56, 59
21 and 60, and motions pursuant to Local Rule 110 shall be briefed pursuant to Local Rule 230.
22 Failure to oppose such a motion timely may be deemed a waiver of opposition to the motion.
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At some point in the litigation, one or more defendants may move for summary

24 judgment as to some or all of plaintiff's claims. Pursuant to Klingele v. Eikenberry, 849 F.2.d
25 409 (9th Cir. 1988), plaintiff is advised of the following requirements for opposing a motion for
26 summary judgment made by defendants pursuant to Fed. R. Civ. P. 56. Such a motion is a
27 request for an order for judgment on some or all of plaintiff's claims in favor of defendant(s)
28 without trial. See Fed. R. Civ. P. 56(b). Defendant(s)' motion will set forth the facts which

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1 defendants contend are not reasonably subject to dispute and that entitle defendant to judgment
2 as a matter of law. See Fed. R. Civ. P. 56(c).
Plaintiff has the right to oppose a motion for summary judgment. To oppose the motion,

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4 plaintiff must show proof of his or her claims. Plaintiff may agree with the facts set forth in
5 defendant(s)' motion but argue that defendant(s) are not entitled to judgment as a matter of law.
6 Plaintiff may show defendant(s)' facts are disputed in one or more of the following ways: (1)
7 plaintiff may rely upon statements made under the penalty of perjury in the complaint if the
8 complaint shows that plaintiff has personal knowledge of the matters stated and if plaintiff calls
9 to the Court's attention those parts of the complaint upon which plaintiff relies; (2) plaintiff may
10 also serve and file affidavits or declarations2 setting forth the facts which plaintiff believes prove
11 plaintiff's claims (the persons who sign the affidavit or declaration must have personal
12 knowledge of the facts stated); (3) plaintiff may also rely upon written records but plaintiff must
13 prove that the records are what plaintiff claims they are;3 (4) plaintiff may also rely upon all or
14 any part of the transcript of one of more depositions, answers to interrogatories, or admissions
15 obtained in this proceeding. Should plaintiff fail to contradict defendants' motion with affidavits,
16 declarations, or other evidence, defendants' evidence will be taken as truth, and final judgment
17 may be entered without a full trial. See Fed. R. Civ. P. 56(e).
If there is some good reason why such facts are not available to plaintiff when required to

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19 oppose such a motion, the Court will consider a request to postpone considering defendant(s)'
20 motion. See Fed. R. Civ. P. 56(f). If plaintiff does not serve and file a request to postpone
21 consideration of defendant(s)' motion or written opposition to the motion, the court may consider
22 plaintiff's failure to act as a waiver of opposition to defendant(s)' motion. Plaintiff's waiver of
23 opposition to defendant(s)' motion may result in the entry of summary judgment against plaintiff.
13.

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A motion supported by affidavits or declarations that are unsigned will be

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An affidavit is a written declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the
party making it, taken before an officer having authority to administer such oath. An unsworn declaration has the same effect as
an affidavit, provided that it is dated and signed under the penalty of perjury, as follows: "I declare under penalty of perjury that
the forgoing is true and correct." 28 U.S.C. §1746. Affidavits and declarations must be made on personal knowledge and must
set forth facts as would be admissible in evidence. See Fed. R. Civ. P. 56(e).
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Sworn or certified copies of all papers referred to in an affidavit must be attached to the affidavit and served on the opposing
party. Local Rule 56(e).

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1 stricken.
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The failure of any party to comply with this order, the Federal Rules of Civil

3 Procedure, or the Local Rules of Court, may result in the imposition of sanctions including, but
4 not limited to, dismissal of the action or entry of default.
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IT IS SO ORDERED.

7 Dated:

January 30, 2015
UNITED STATES MAGISTRATE JUDGE

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(Sample Proof of Service − To Be Attached to All Documents Submitted to the Court)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

7 ___________________________________
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v.

Case Number: ________________________

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11 ___________________________________
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PROOF OF SERVICE
BY MAIL

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I hereby certify that on ________________________________________, I served a copy

15 of the attached _____________________________________________________________, by
16 placing a copy in a postage paid envelope addressed to the person(s) hereinafter listed, by
17 depositing said envelope in the United States Mail at _________________________________ :
18 (List Name and Address of Each
19 Defendant or Attorney Served)
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I declare under penalty of perjury that the foregoing is true and correct.

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___________________________________

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(Name of Person Completing Service)

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