Berna v. Powell et al

Filing 4

FIRST INFORMATIONAL ORDER signed by Magistrate Judge Gary S. Austin on 3/4/2015. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00283-AWI-GSA

BRUCE BERNA,

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Plaintiff,

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v.

FIRST INFORMATIONAL ORDER

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LUKE POWELL, FRANK NAVARRO,
LEE CARIAGA, ALFREDO FUERTO,
and ALFRED FRAUSTO,
Defendants.

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INFORMATIONAL ORDER TO PRO SE LITIGANTS
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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 Procedure
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and the Local Rules of the United States District Court, Eastern District of California (“Local
Rules”). This order highlights specific rules of which the parties should take particular note.

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Failure to comply with the Local Rules, federal rules or a court order, including this order,
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will be grounds for dismissal, entry of default or other appropriate sanctions. See Local Rule
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110; Fed. R. Civ. P. 41(b).
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1.

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

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Court. See Local Rule 134(a). All documents improperly mailed to a judge's chambers will be

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stricken from the record. A document requesting a Court order must be styled as a motion. See

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Fed. R. Civ. P. 7.

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2.

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

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filing party or parties. Local Rule 131; Fed. R. Civ. P. 11(a). All documents submitted without

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the required signature(s) will be stricken.1 Each separate document must be separately stapled.

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See Local Rule 130. If a document is stapled behind another document, it will not be filed and

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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

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conformed copy for the Court's use. See Local Rule 133(d)(2). A document submitted without

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an extra copy for the Court's use will be stricken. If the filing party wishes the Court to return

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a file-stamped copy, he or she must include an additional copy for that purpose (i.e., submit an

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original and two copies, one for the Court's use and one to be returned). The Court cannot

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provide copy or mailing service for a party, even for an indigent plaintiff proceeding in forma

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pauperis. Therefore, if the filing party wishes a file-stamped copy returned, the party must also

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provide an envelope with adequate postage pre-paid. Copies of documents from the Court file

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may be obtained at the cost of fifty cents per page.

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4.

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

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the complaint (i.e., an answer or a motion to dismiss), all documents filed with the Court must

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include a certificate of service stating that a copy of the document was served on the opposing

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party. See Fed. R. Civ. P. 5; Local Rule 135(c). A document submitted without the required

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proof of service will be stricken. Where a party is represented, service on the party's attorney of

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record constitutes effective service.

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5.

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

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of the District Court Judge and the Magistrate Judge to whom the case is assigned. Where

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Plaintiff simultaneously pursues more than one action, he or she must file separate original

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When a document is stricken, it becomes a nullity and is not considered by the Court for any purposes.

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documents and the appropriate number of copies in each action to which the document pertains.

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Documents submitted listing more than one case number in the caption will be stricken.

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6.

The Court cannot serve as a repository for the parties' evidence. The parties may

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

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example, on a motion for summary judgment, at trial, or when requested by the Court). Evidence

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improperly submitted to the Court will be stricken and returned to the party. No discovery

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may be conducted until an answer is filed and the court issues an order opening discovery.

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Discovery propounded on a party is self-executing, and must be served directly on the party from

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whom discovery is sought; parties should not file copies of their discovery with the court. See

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Local Rules 250.1, 250.2, 250.3. Discovery documents inappropriately submitted to the court

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will be stricken. Where the response to discovery is unsatisfactory, the party seeking discovery

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may file a motion to compel discovery, including a copy of the discovery propounded and the

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response thereto. See Fed. R. Civ. P. 37.

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7.

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

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state the reason the extension is needed and must be filed with the Court before the deadline in

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question. See Local Rule 144.

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8.

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

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Court and opposing parties informed of his or her current address. If a plaintiff moves and fails to

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file a notice of change of address, service of Court orders at plaintiff's prior address shall

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constitute effective notice. See Local Rule 182(f). If mail directed to plaintiff is returned by the

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U.S. Postal Service as undeliverable, the Court will not attempt to re-mail it. If the address is not

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updated within 60 days of the mail being returned, the action will be dismissed for failure to

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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

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the status of cases. Any such requests will be denied. So long as the parties inform the Court of

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any address changes in compliance with Local Rule 183(b), the Court will notify the parties of

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any Court action taken in their case.

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The failure of any party to comply with this order, the Federal Rules of

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Civil Procedure, or the Local Rules of Court, may result in the imposition of sanctions including,

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but not limited to, dismissal of the action or entry of default.

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IT IS SO ORDERED.
Dated:

March 4, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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