Kilgore v. Mandeville et al

Filing 128

ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/2012 ORDERING that dispositive motions are due 1/18/2013; should defendants file and serve a motion for summary judgment, they shall also serve on plaintiff a notice of the requirements for opposing the motion; plaintiff's opposition to a motion for summary judgment due within 21 days after service of the motion; defendants reply due within 7 days after the service of the opposition. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN KILGORE,

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Plaintiff,

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No. 2:07-cv-2485 GEB KJN P

vs.
RICHARD MANDEVILLE, et al.,

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Defendants.

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ORDER
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On October 23, 2012, this court granted the request of plaintiff’s appointed

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counsel to withdraw his representation of plaintiff; plaintiff now represents himself in this action.

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(Dkt. No. 127.) In addition, pursuant to plaintiff’s request, the court directed defense counsel to

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submit a confidential statement addressing the advisability of setting an early settlement

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conference. (Id.) The court has reviewed defendants’ statement and concludes that it would be

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premature to set a settlement conference at this time, before the filing and resolution of

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dispositive motions. Discovery closed in this action on July 27, 2012. The dispositive motion

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deadline of September 29, 2012, was vacated pending the court’s consideration of counsel’s

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motion to withdraw. No other matters are pending in this action.

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Accordingly, IT IS HEREBY ORDERED that the deadline for filing dispositive

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motions is, and shall be, January 18, 2013. Should defendants file and serve a motion for

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summary judgment, they shall also contemporaneously serve on plaintiff a notice of the

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requirements for opposing the motion, also provided as an attachment hereto. See Woods v.

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Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Briefing

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shall be governed by Local Rule 230(l); thus, plaintiff’s opposition to a motion for summary

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judgment must be filed and served within twenty-one (21) days after service of the motion.

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Defendants may file and serve a reply within seven (7) days after service of the opposition.

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SO ORDERED.
DATED: November 27, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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kilg2485.sched

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Rand Notice1

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The court requires that you be provided with this notice regarding the requirements for
opposing a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.

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When a defendant moves for summary judgment, the defendant is requesting that the

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court grant judgment in defendant’s favor without a trial. If there is no real dispute about any

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fact that would affect the result of your case, the defendant who asked for summary judgment is

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entitled to judgment as a matter of law, which will end your case against that defendant. A

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motion for summary judgment will set forth the facts that the defendant asserts are not

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reasonably subject to dispute and that entitle the defendant to judgment.

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To oppose a motion for summary judgment, you must show proof of your claims. To do

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this, you may refer to specific statements made in your complaint if you signed your complaint

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under penalty of perjury and if your complaint shows that you have personal knowledge of the

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matters stated. You may also submit declarations setting forth the facts that you believe prove

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your claims, as long as the person who signs the declaration has personal knowledge of the facts

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stated. You may also submit all or part of deposition transcripts, answers to interrogatories,

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admissions, and other authenticated documents. For each of the facts listed in the defendant’s

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Statement of Undisputed Facts, you must admit the facts that are undisputed, and deny the facts

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that are disputed. If you deny a fact, you must cite to the proof that you rely on to support your

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denial. See L.R. 260(b). If you fail to contradict the defendant’s evidence with your own

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evidence, the court may accept the defendant’s evidence as the truth and grant the motion. The

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court will consider a request to postpone consideration of the defendant’s motion if you submit a

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This notice is provided to ensure that pro se prisoner plaintiffs “have fair, timely and
adequate notice of what is required” to oppose a motion for summary judgment. Woods v.
Carey, 684 F.3d 934, 935 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998).
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declaration showing that for a specific reason you cannot present such facts in your opposition.

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If you do not respond to the motion, the court may consider your failure to act as a waiver of your

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opposition. See L.R. 230(l).

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If the court grants a defendant’s motion for summary judgment, whether opposed or

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unopposed, judgment will be entered for that defendant without a trial and the case will be closed

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as to that defendant.

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