Medina v. Dickinson et al

Filing 57

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/11/2012 ORDERING that plaintiff has until 8/15/2012, to provide his opposition with all supporting evidence.(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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RENE MEDINA,
Plaintiff,

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vs.

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No. CIV S-10-0502 LKK GGH P

KATHLEEN DICKINSON, et al.,
Defendants.

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ORDER
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By Order filed on May 10, 2012, the court, inter alia, ordered plaintiff to re-serve

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his discovery requests upon defendants, directing defendants to serve responses on an expedited

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basis. Defendants’ motion for summary judgment was vacated subject to re-notice once

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defendants had served their discovery responses, after which plaintiff was granted thirty days to

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file his opposition (or supplemental opposition), after which defendants were given seven days to

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file any reply. See docket # 55. Defendants re-noticed the motion for summary judgment on

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June 27, 2012.

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Plaintiff was previously informed of the requirements to oppose a motion for

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summary judgment pursuant to Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998).1 However,

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in light of Woods v. Carey, --- F.3d ----, 2012 WL 2626912 (9th Cir. July 6, 2012), plaintiff will

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be informed again.
Pursuant to Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc),

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cert. denied, 527 U.S. 1035 (1999), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988),

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plaintiff is advised of the following requirements for opposing a motion for summary judgment

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made by defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure. Such a motion

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is a request for an order for judgment in favor of defendants without trial. A defendant’s motion

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for summary judgment will set forth the facts that the defendants contend are not reasonably

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subject to dispute and that entitle the defendants to judgment. To oppose a motion for summary

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judgment, plaintiff must show proof of his or her claims. Plaintiff may do this in one or more of

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the following ways. Plaintiff may rely upon statements made under the penalty of perjury in the

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complaint if the complaint shows that plaintiff has personal knowledge of the matters stated and

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plaintiff calls to the court’s attention those parts of the complaint upon which plaintiff relies.

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Plaintiff may serve and file one or more affidavits or declarations setting forth the facts that

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plaintiff believes prove plaintiff’s claims; the person who signs an affidavit or declaration must

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have personal knowledge of the facts stated. Plaintiff may rely upon written records, but

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plaintiff must prove that the records are what plaintiff claims they are. Plaintiff may rely upon

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all or any part of the transcript of one or more depositions, answers to interrogatories, or

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admissions obtained in this proceeding. If plaintiff fails to contradict the defendants’ evidence

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with counter-affidavits or other admissible evidence, the defendants’ evidence may be taken as

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the truth and the defendants’ motion for summary judgment granted. If there is some good

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Without actually setting forth the requirements for opposing a motion for summary
judgment, defendants refer plaintiff in their notice/re-notice of motion to the Rand/Klingele notice
the court had provided previously. See docket #56.
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reason why such facts are not available to plaintiff when required to oppose a motion for

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summary judgment, the court will consider a request to postpone considering the defendants’

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motion. If plaintiff does not serve and file a written opposition to the motion or a request to

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postpone consideration of the motion, the court may consider the failure to act as a waiver of

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opposition to the defendants’ motion. If the defendants’ motion for summary judgment, whether

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opposed or unopposed, is granted, judgment will be entered for the defendants without a trial and

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the case will be closed. A motion or opposition supported by unsigned affidavits or declarations

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will be stricken.
In light of the timing of this notice, plaintiff will be granted one extension of time

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to file his opposition/supplemental opposition.
Accordingly, IT IS ORDERED that plaintiff is granted until August 15, 2012, to

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provide his opposition with all supporting evidence.

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DATED: July 11, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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medi0502.ord6

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