Dietle v. Miranda, et al.

Filing 30

ORDER signed by Magistrate Judge Allison Claire on 08/31/16 ordering plaintiff shall have until 9/07/16 to file an amended response to defendant's statement of undisputed facts that complies with Federal Rule of Civil Procedure 56(c) and Local r ule 260(b). Defendant shall have until 9/14/16 to file a reply to the amended response. The 09/07/16 hearing on defendant's motion for summary judgment is vacated. ( Motion Hearing re-set for 9/21/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL DIETLE,

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No. 2:14-cv-1728 WBS AC P

Plaintiff,
v.

ORDER

RAFAEL MIRANDA, et al.,
Defendants.

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Plaintiff is a state prisoner and proceeding with counsel. Currently before the court is

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defendant’s fully briefed motion for summary judgment which is set for hearing on September 7,

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2016. ECF No. 27. In reviewing the briefing, it has come to the court’s attention that plaintiff’s

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response to defendant’s statement of undisputed facts fails to comply with Federal Rule of Civil

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Procedure 56(c) and Local Rule 260(b). Specifically, plaintiff has denied a number of

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defendant’s facts, but has failed to cite to any evidence on the record to support those denials.

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Fed. R. Civ. P. 56(c); L.R. 260(b).

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Under Rule 56(e), when a party fails to properly address another party’s assertions of fact,

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the court may “give an opportunity to properly . . . address the fact.” The court will therefore

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give plaintiff an opportunity to file an amended response to defendant’s statement of undisputed

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facts to cure the defects and defendant will be given an opportunity to reply to the amended

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response. Plaintiff is reminded that the court “need consider only the cited materials,” Fed. R.
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Civ. P. 56(c)(3), and that failure to support the denial of a fact with proper citation to the record

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may result in the fact being deemed undisputed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall have until September 7, 2016, to file an amended response to defendant’s

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statement of undisputed facts that complies with Federal Rule of Civil Procedure 56(c) and Local

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Rule 260(b). Defendant shall have until September 14, 2016, to file a reply to the amended

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response.

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2. The September 7, 2016 hearing on defendant’s motion for summary judgment is
vacated and re-set for September 21, 2016, at 10:00 a.m. in Courtroom 26.
DATED: August 31, 2016

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