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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
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.
16
17
18
Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42
19
U.S.C. § 1983. This case now proceeds on Plaintiff’s Second Amended Complaint, filed on
20
February 4, 2016, against defendants Domrese, King, Meek, Porter, and Bonsu (“Defendants”)
21
for denial of free exercise of religion under the First Amendment and violation of RLUIPA;
22
and defendants Domrese, King, Porter, and Bonsu for violation of due process for conditions of
23
confinement. (ECF No. 30.) On March 30, 2017, Defendants filed a motion for summary
24
judgment. (ECF No. 68.)
25
In the Ninth Circuit, when the plaintiff is a prisoner proceeding pro se in a civil rights
26
case, and a defendant files a motion for summary judgment, the defendant or the court is
27
required to provide plaintiff with a Notice and Warning informing the plaintiff of his or her
28
rights and responsibilities in opposing the motion for summary judgment. Woods v. Carey,
1
1
684 F.3d 934 (9th Cir. 2012). Here, Plaintiff is not a prisoner.1 Nevertheless, the Court shall,
2
by this order, provide Plaintiff with the Notice and Warning.
3
4
NOTICE AND WARNING OF REQUIREMENTS FOR OPPOSING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
5
RAND WARNING
6
The defendants have made a motion for summary judgment by
7
which they seek to dispose of your case. A motion for summary judgment
8
under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end
9
your case.
10
Rule 56 tells you what you must do in order to oppose a motion for
11
summary judgment. Generally, summary judgment must be granted when
12
there is no genuine issue of material fact— that is, if there is no real dispute
13
about any fact that would affect the result of your case, the party who asked
14
for summary judgment is entitled to judgment as a matter of law, which
15
will end your case.
16
summary judgment that is properly supported by declarations (or other
17
sworn testimony), you cannot simply rely on what your complaint says.
18
Instead, you must set out specific facts in declarations, depositions, answers
19
to interrogatories, or authenticated documents, as provided in Rule [56(c)],2
20
that contradict the facts shown in the defendant’s declarations and
21
documents and show that there is a genuine issue of material fact for trial.
22
If you do not submit your own evidence in opposition, summary judgment,
23
if appropriate, may be entered against you.
24
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
25
26
27
28
1
“[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).
2
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).
2
1
2
3
EASTERN DISTRICT OF CALIFORNIA LOCAL RULE
REQUIREMENTS
In accordance with Local Rule 260(a), Defendants have filed a
4
Statement of Undisputed Facts that contains discrete, specific material facts
5
to support their entitlement to summary judgment. In response to this
6
Statement, Local Rule 260(b) requires you to “reproduce the itemized facts
7
in the Statement of Undisputed Facts and admit those facts that are
8
undisputed and deny those that are disputed, including with each denial a
9
citation to the particular portions of any pleading, affidavit, deposition,
10
interrogatory answer, admission, or other document relied upon in support
11
of that denial.” You may also “file a concise Statement of Disputed Facts,
12
and the source thereof in the record, of all additional material facts as to
13
which there is a genuine issue precluding summary judgment or
14
adjudication.” Id. You are responsible for filing all evidentiary documents
15
cited in the opposing papers. Id. If additional discovery is needed to
16
oppose summary judgment, Local Rule 260(b) requires you to “provide a
17
specification of the particular facts on which discovery is to be had or the
18
issues on which discovery is necessary.” See also Fed. R. Civ. P. 56(d).
19
20
IT IS SO ORDERED.
21
Dated:
22
April 3, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?