Soria v. Zuniga et al

Filing 39

RAND WARNING to Plaintiff; ORDER Extending the Deadline to File the Opposition to Defendants' Motion for Summary Judgement to August 21, 2021; and ORDER VACATING the Hearing on the Motion for Summary Judgment signed by Magistrate Judge Jennifer L. Thurston on 6/30/2021. Opposition due by 8/24/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN JOSEPH SORIA,

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Plaintiff,

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v.

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RAFAEL ZUNICA, et al.,

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Defendants.

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Case No.: 1:18-cv-00635 NONE JLT
RAND WARNING TO PLAINTIFF; ORDER
EXTENDING THE DEADLINE TO FILE THE
OPPOSITION TO DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT TO AUGUST 24, 2021
ORDER VACATING THE HEARING ON THE
MOTION FOR SUMMARY JUDGMENT

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The Court notes that the plaintiff has not been advised of the requirements for opposing a

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motion for summary judgment, as required by Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988)

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and Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Thus, PLAINTIFF STEVEN JOSEPH

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SORIA, PRO SE is advised 1 of the following requirements for opposing the motion for summary

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judgment made by defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure:
1.

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A motion for summary judgment brought under Rule 56 is a request for judgment on

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some or all of the plaintiff’s claims in favor of the defendants without trial. See Rule

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56(b).

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It appears Defendants were unaware of their obligation to provide Plaintiff this notice. The Court provides this notice to
minimize further delay in this matter.

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2.

The defendants’ motion set forth the facts which the defendants contend are not

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reasonably subject to dispute and that entitle them to judgment as a matter of law. See

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Rule 56(c).

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3.

The plaintiff has the right to oppose the motion for summary judgment. To oppose the

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motion, the plaintiff must show proof of his or her claims. The plaintiff may agree with

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the facts set forth in the defendants’ motion but argue even still, that the defendants are

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not entitled to judgment as a matter of law.

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4.

The plaintiff may show the defendants’ facts are disputed in one or more of the
following ways:

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a. The plaintiff may rely upon statements made under the penalty of perjury in the

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complaint, if the complaint shows that the plaintiff has personal knowledge of the

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matters stated in it and if the plaintiff calls to the court's attention those parts of the

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complaint upon which the plaintiff relies;

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b. The plaintiff may also serve and file affidavits or declarations setting forth the facts

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which the plaintiff believes prove the plaintiff's claims (the persons who sign the

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affidavit or declaration must have personal knowledge of the facts stated);
c. The plaintiff may also rely upon written records, but the plaintiff must prove that

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the records are what the plaintiff claims;

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d. The plaintiff may also rely upon transcripts of depositions, answers to

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interrogatories, or admissions obtained in this proceeding. Should the plaintiff fail

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to contradict defendants’ motion with affidavits, declarations, or other evidence,

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defendants’ evidence will be accepted as true, and final judgment may be entered

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without a full trial. See Rule 56(e).

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5.

If there is some good reason why necessary evidence is not available to the plaintiff

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when required to oppose such a motion, the court will consider a request to postpone

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considering defendant(s)’ motion. See Rule 56(f).

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6.

If the plaintiff does not serve and file a request to postpone consideration of defendants’
motion or written opposition to the motion, the court may consider the plaintiff’s failure
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to act as a waiver of opposition to defendants’ motion. The plaintiff’s waiver of

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opposition to defendants’ motion may result in the entry of summary judgment in favor

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of the defendants and against the plaintiff.

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7.

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

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8.

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

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

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

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9.

The plaintiff is advised that any declarations submitted by him must be dated and

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signed under penalty of perjury. His own declaration must set forth every fact within

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his personal knowledge upon which he relies to oppose the motion. He cannot merely

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say that facts set forth in other documents are true; the facts must be set forth in the

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declaration itself. Also, all declarations must show how the declaring witness knows

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the information set forth in it, whether it is because the witness saw, heard, or felt it, for

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example. The failure of the declarants to comply with this guidance will result in the

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Court refusing to consider their declarations.

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10.

To allow the plaintiff an ample opportunity to file an opposition to the defendants’

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motion for summary judgment, he SHALL file an opposition or a notice of non-

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opposition to the motion no later than August 24, 2021;

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11.

The hearing on the motion for summary judgment, currently set on July 7, 2021, is
vacated. Local Rule 230(l).

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IT IS SO ORDERED.
Dated:

June 30, 2021

_ /s/ Jennifer L. Thurston

CHIEF UNITED STATES MAGISTRATE JUDGE

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