Hart v. PAE Government Services Incorporated

Filing 69

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/23/12: The November 29, 2011 order to show cause is discharged 63 . HEARING as to 62 Motion for Summary Judgment RESET for 3/7/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. On or before February 15, 2012, plaintiff shall file a revised opposition to the motion. Defendants may file a reply to plaintiff's opposition on or before February 22, 2012. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HENRY HART,

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Plaintiff,

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No. CIV S-10-1672 KJM EFB PS

vs.
PAE GOVERNMENT SERVICES
INCORPORATED,

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Defendant.
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ORDER
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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On November

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4, 2011, defendant filed a motion for summary judgment and noticed the motion for hearing on

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December 7, 2011. Dckt. No. 62. However, because plaintiff filed to timely file either an

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opposition or a statement of non-opposition to defendants’ motion, on November 29, 2011, the

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undersigned continued the hearing on defendants’ motion to January 25, 2012, ordered plaintiff

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to show cause why he should not be sanctioned for his failure, and directed plaintiff to file an

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opposition or a statement of non-opposition to the motion. Dckt. No. 63.

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Plaintiff has since filed an opposition to the motion and a response to the order to show

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cause. Dckt. Nos. 64, 65. In light of plaintiff’s response, the November 29, 2011 order to show

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cause will be discharged. However, the hearing on defendants’ motion will once again be
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continued because plaintiff’s opposition does not comply with the Federal Rules of Civil

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Procedure or this court’s Local Rules.

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Specifically, Local Rule 260(b) provides that “[a]ny party opposing a motion for

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summary judgment or summary adjudication shall reproduce the itemized facts in the Statement

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of Undisputed Facts and admit those facts that are undisputed and deny those that are disputed,

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including with each denial a citation to the particular portions of any pleading, affidavit,

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deposition, interrogatory answer, admission, or other document relied upon in support of that

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denial.” Local Rule 260(b) further provides that “[t]he opposing party may also file a concise

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‘Statement of Disputed Facts,’ and the source thereof in the record, of all additional material

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facts as to which there is a genuine issue precluding summary judgment or adjudication,” and

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that “[t]he opposing party shall be responsible for the filing of all evidentiary documents cited in

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the opposing papers.”

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Additionally, the court informs plaintiff of the following with respect to opposing a

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motion for summary judgment under Fed. R. Civ. P. 56: Such a motion is a request that the

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court grant judgment in defendants’ favor without trial. A motion for summary judgment will

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set forth the facts that defendants assert are not reasonably subject to dispute and that entitle

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them to judgment under applicable law. To oppose a motion for summary judgment, plaintiff

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must show proof of his claims. To do this, he may rely upon statements made in the complaint

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under penalty of perjury if the complaint shows that plaintiff has personal knowledge of the

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matters stated and plaintiff specifies the parts of the complaint upon which he relies. Plaintiff

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also may file one or more affidavits or declarations setting forth the facts that plaintiff believes

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prove his claims, as long as the person who signs it has personal knowledge of the facts stated.

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Plaintiff may rely on written records, but he must prove they are what he asserts them to be.

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Plaintiff may rely on all or any part of responses to discovery propounded in this case, i.e,

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answers to interrogatories, admissions and deposition transcripts. If plaintiff fails to contradict

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defendants’ evidence with counter-affidavits or other admissible evidence, the court may accept
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defendants’ evidence as true and grant the motion. If there is good reason why such facts are not

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available to plaintiff when he is required to oppose a motion for summary judgment, the court

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will consider a request to postpone considering the motion. If plaintiff does not file a written

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opposition to the motion or a request to postpone consideration of it, the court may consider the

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failure to act as a waiver of opposition to the defendants’ motion. If the court grants defendants’

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motion, whether opposed or unopposed, judgment will be entered for defendants without a trial

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and the case will be closed.

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In light of plaintiff’s pro se status, plaintiff will be given an opportunity to file a revised
opposition that complies with Rule 56 and this court’s Local Rules.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The November 29, 2011 order to show cause, Dckt. No. 63, is discharged.

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2. The hearing on defendants’ motion for summary judgment, Dckt. No. 62, is continued

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to March 7, 2012.
3. On or before February 15, 2012, plaintiff shall file a revised opposition to the motion,
in compliance with Federal Rule of Civil Procedure 56 and Local Rule 260.

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4. Failure of plaintiff to comply with this order may be deemed a statement of

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non-opposition to the motion, and may result in a recommendation that the motion be granted

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and/or that this action be dismissed for failure to prosecute and for failure to comply with court

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orders and this court’s Local Rules.

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5. Defendants may file a reply to plaintiff’s opposition on or before February 22, 2012.

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SO ORDERED.

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DATED: January 23, 2012.

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