Sokolsky v. State of California et al

Filing 70

NOTICE and WARNING of Requirements for Opposing Defendants' Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 4/3/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-02044-LJO-GSA-PC

MARK S. SOKOLSKY,
Plaintiff,

NOTICE AND WARNING OF
REQUIREMENTS FOR OPPOSING
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

vs.
STATE OF CALIFORNIA, et al.,

(ECF No. 68.)

Defendants.

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Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42

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U.S.C. § 1983. This case now proceeds on Plaintiff’s Second Amended Complaint, filed on

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February 4, 2016, against defendants Domrese, King, Meek, Porter, and Bonsu (“Defendants”)

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for denial of free exercise of religion under the First Amendment and violation of RLUIPA;

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and defendants Domrese, King, Porter, and Bonsu for violation of due process for conditions of

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confinement. (ECF No. 30.) On March 30, 2017, Defendants filed a motion for summary

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judgment. (ECF No. 68.)

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In the Ninth Circuit, when the plaintiff is a prisoner proceeding pro se in a civil rights

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case, and a defendant files a motion for summary judgment, the defendant or the court is

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required to provide plaintiff with a Notice and Warning informing the plaintiff of his or her

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rights and responsibilities in opposing the motion for summary judgment. Woods v. Carey,
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684 F.3d 934 (9th Cir. 2012). Here, Plaintiff is not a prisoner.1 Nevertheless, the Court shall,

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by this order, provide Plaintiff with the Notice and Warning.

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NOTICE AND WARNING OF REQUIREMENTS FOR OPPOSING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

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RAND WARNING

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The defendants have made a motion for summary judgment by

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which they seek to dispose of your case. A motion for summary judgment

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under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end

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your case.

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Rule 56 tells you what you must do in order to oppose a motion for

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summary judgment. Generally, summary judgment must be granted when

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there is no genuine issue of material fact— that is, if there is no real dispute

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about any fact that would affect the result of your case, the party who asked

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for summary judgment is entitled to judgment as a matter of law, which

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will end your case.

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summary judgment that is properly supported by declarations (or other

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sworn testimony), you cannot simply rely on what your complaint says.

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Instead, you must set out specific facts in declarations, depositions, answers

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to interrogatories, or authenticated documents, as provided in Rule [56(c)],2

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that contradict the facts shown in the defendant’s declarations and

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documents and show that there is a genuine issue of material fact for trial.

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If you do not submit your own evidence in opposition, summary judgment,

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if appropriate, may be entered against you.

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granted, your case will be closed and there will be no trial.

When a party you are suing makes a motion for

If summary judgment is

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“[O]nly individuals who, at the time they seek to file their civil actions, are detained as a result
of being accused of, convicted of, or sentenced for criminal offenses are “prisoners” within the definition of 42
U.S.C. § 1997e and 28 U.S.C. § 1915. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
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The substance of Rule 56(e) from the 1998 version, when Rand was decided, has been
reorganized and renumbered with the current version of Rule 56(c).

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EASTERN DISTRICT OF CALIFORNIA LOCAL RULE
REQUIREMENTS
In accordance with Local Rule 260(a), Defendants have filed a

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Statement of Undisputed Facts that contains discrete, specific material facts
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to support their entitlement to summary judgment. In response to this
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Statement, Local Rule 260(b) requires you to “reproduce the itemized facts

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in the Statement of Undisputed Facts and admit those facts that are
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undisputed and deny those that are disputed, including with each denial a
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citation to the particular portions of any pleading, affidavit, deposition,
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interrogatory answer, admission, or other document relied upon in support
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of that denial.” You may also “file a concise Statement of Disputed Facts,

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and the source thereof in the record, of all additional material facts as to
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which there is a genuine issue precluding summary judgment or
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adjudication.” Id. You are responsible for filing all evidentiary documents

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cited in the opposing papers. Id. If additional discovery is needed to
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oppose summary judgment, Local Rule 260(b) requires you to “provide a

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specification of the particular facts on which discovery is to be had or the
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issues on which discovery is necessary.” See also Fed. R. Civ. P. 56(d).

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IT IS SO ORDERED.

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Dated:
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April 3, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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