Suguitan et al v. San Francisco Culinary Bartenders & Service Employee Pension Fund

Filing 32

ORDER SETTING BRIEFING SCHEDULE RE: MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 9/24/08. (jjo, COURT STAFF) (Filed on 9/24/2008)

1 2 3 4 5 6 7 8 9 10 v. SAN FRANCISCO CULINARY BARTENDERS AND SERVICE EMPLOYEES PENSION FUND, Defendant. / ORDER SETTING BRIEFING SCHEDULE RE MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUANITA E. SUGUITAN, et al., Plaintiffs, No. C 07-05113 JSW

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendant San Francisco Culinary Bartenders and Service Employees Pension Fund ("Defendant") has now filed a proper motion for summary judgment and set the hearing date for November 14, 2008 at 9:00 a.m. The Court ORDERS that an opposition to the motion shall be filed by no later than October 17, 2008 and a reply brief shall be filed by no later than October 24, 2008. Failure to oppose the motion may result in dismissal of this action. Again, Plaintiffs should be aware that failure to oppose a proper motion for summary judgment may result in the dismissal of this case with prejudice. A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end Plaintiff's case. See Rand v. Rowland 154 F.3d 952, 953-54 (9th Cir.1998) (en banc). A principal purpose of the summary judgment procedure is to identify and dispose of factually supported claims. See Celotex Corp. v. Cattrett, 477 U.S. 317, 323-24 (1986). In order to withstand a motion for summary judgment, the opposing party must set forth specific facts showing that there is a genuine issue of material fact in dispute. Fed. R. Civ. P. 56(e). A dispute about a material fact

1 2 3 4 5 6 7 8 9 10

is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In the absence of such facts, "the moving party is entitled to a judgment as a matter of law." Celotex Corp., 477 at 323. In opposing summary judgment, Plaintiffs are not entitled to rely on the allegations of their complaint. See Fed. R. Civ. P. 56(e); cf. S. A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines) v. Walter Kidde & Co., 690 F.2d 1235, 1238 (9th Cir. 1982) (stating that "a party cannot manufacture a genuine issue of material fact merely by making assertions in its legal memoranda"). Rather, Plaintiffs' response must set forth specific facts supported by admissible evidence, i.e., affidavits or certified deposition testimony, showing that there is a genuine issue for trial. See id.; see also Keenan v. Allan, 91 F.3d 1275, 1279 (9th Cir. 1996) (quoting Richards v. Combined Ins. Co., 55 F.3d 247, 251 (7th Cir. 1995), and stating that it is not a district court's task to "scour the record in search of a genuine issue of triable fact"). If summary judgment is granted, Plaintiffs' case will be dismissed and there will be no trial. See Rand v. Rowland 154 F.3d at 953-54.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED. Dated: September 24, 2008 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

1 2 3 4 5 6 7 8 9 10

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JUANITA E. SUGUITAN et al, Plaintiff, v. SAN FRANCISCO CULINARY BARTENDERS AND SERVICE EMPLOYEES PENSION FUND et al, Defendant. /

Case Number: CV07-05113 JSW CERTIFICATE OF SERVICE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 24, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

John E. Suguitan 2509 La Union Gonzales, Tubao Phillipines, 601 Juanita Suguitan 2509 La Union Gonzales, Tubao Phillipines, 601 Dated: September 24, 2008 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk