Jardine v. Unknown

Filing 62

ORDER signed by Magistrate Judge Allison Claire on 11/16/18 VACATING the hearing scheduled for 12/12/18 on 52 Motion for Summary Judgment; the motion will be decided on the papers. Plaintiff shall file and serve his opposition to defendant's motion for summary judgment by 11/30/18; no further extensions of time will be granted. Defendant may file and serve a reply no later than 12/14/18.(Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DALE JARDINE,

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Plaintiff,

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No. 2:15-cv-1749 MCE AC P

v.

ORDER

DR. JACK ST. CLAIR,

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Defendant.

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Plaintiff is a former state prisoner proceeding pro se with this civil rights action against

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sole defendant Dr. St. Clair. Plaintiff again requests extensions of time to submit his opposition

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to defendant’s pending motion for summary judgment, which is currently scheduled for hearing

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on December 12, 2018. This order provides plaintiff an additional – and final – two weeks to file

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and serve his opposition to defendant’s motion. This extension of time means that plaintiff has

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been provided a total of 90 days to respond to defendant’s motion, far longer than the 21-day

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period accorded by the Local Rules. This order also vacates the hearing on defendant’s motion,

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which will be decided on the papers.
Failure of plaintiff to timely file an opposition will result in a recommendation for

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dismissal of this action without prejudice. No further extensions of time or other

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accommodations will be granted in this case.

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Plaintiff is again informed of the following requirements for opposing a motion for

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summary judgment. See ECF No. 23 at 6; see also Fed. R. Civ. P. 56; Local Rule 260; Rand v.

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Rowland, 154 F.3d 952, 957 (9th Cir. 1998); Woods v. Carey, 684 F.3d 934 (9th Cir. 2012).

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A motion for summary judgment is premised on the argument that a case presents no

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significant factual disputes and the moving party is entitled to judgment as a matter of law. To

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oppose a motion for summary judgment, you must address each of the facts listed in the

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defendant’s Statement of Undisputed Facts – you must admit the facts that are undisputed, and

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deny the facts that are disputed. If you fail to contradict defendant’s facts and evidence with your

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own facts and evidence, the court may accept defendant’s presentation of the case and grant the

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motion.

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To deny a fact proffered by defendant, you must cite to the evidence you rely on to

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support your denial. To do this, you may refer to specific statements made in your complaint if

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you signed your complaint under penalty of perjury and your complaint shows that you have

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personal knowledge of the matters stated. You may also submit declarations setting forth the

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facts that you believe prove your claims, provided the person who signs the declaration has

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personal knowledge of the facts stated. You may also submit all or part of deposition transcripts,

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answers to interrogatories, admissions, and other authenticated documents.

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Subject to these considerations, IT IS HEREBY ORDERED that:

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1. The hearing scheduled for December 12, 2018 on defendant’s motion for summary

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judgment is VACATED; the motion will be decided on the papers.

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2. Plaintiff shall file and serve his opposition to defendant’s motion for summary

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judgment on or before November 30, 2018; no further extensions of time will be granted.

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3. Defendant may file and serve a reply no later than December 14, 2018.

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4. Failure of plaintiff to timely file his opposition to defendant’s motion for summary

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judgment shall result in a recommendation to the district judge that this action be dismissed

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without prejudice.

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IT IS SO ORDERED.

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DATED: November 16, 2018

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