Glass v. Gregory et al
Filing
26
ORDER re 25 MOTION for SUMMARY JUDGMENT signed by Chief Judge Ralph R. Beistline on 10/19/2015. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DONALD GLASS,
Case No. 1:14-cv-01703-RRB
Plaintiff,
ORDER RE: MOTION
FOR SUMMARY JUDGMENT
vs.
A. GREGORY, et al.,
Defendants.
Plaintiff is proceeding pro se in this civil action. At Docket 25 Defendants filed a
motion for summary judgment1 and served it on October 16, 2015. The Court hereby
notifies Plaintiff of the following rights and requirements for opposing the motion:2
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.3 The opposition or statement of non-opposition
must be filed not more than twenty-one (21) days after the date of service of the motion.4
1
Fed. R. Civ. P. 56.
2
See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d
1108 (9th Cir. 2003).
3
4
Local Rule 230(l).
Id.
ORDER RE: SUMMARY JUDGMENT
Glass v. Gregory, 1:14-cv-01703-RRB – 1
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,5 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. 6
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.7
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.
5
See Fed. R. Civ. P. 43(c).
6
See Local Rule 260(b).
7
See Local Rule 230(I).
ORDER RE: SUMMARY JUDGMENT
Glass v. Gregory, 1:14-cv-01703-RRB – 2
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 19th day of October, 2015.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE
ORDER RE: SUMMARY JUDGMENT
Glass v. Gregory, 1:14-cv-01703-RRB – 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?