Whitsitt v. Zedlitz et al

Filing 123

ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 3/12/13. (jjoS, COURT STAFF) (Filed on 3/12/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 WILLIAM J. WHITSITT, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 08-01803 JSW v. ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT JEAN ZEDLITZ, et al. 13 Defendants. / 14 15 On March 7, 2013, Defendant R. Lance & Sons Cos., Inc. filed a motion for summary 16 judgment, which is noticed for a hearing on April 19, 2013. Under Northern District Local Rule 17 7-3(a), Plaintiff’s opposition to the motion is due by no later than March 25, 2013. The Court 18 HEREBY ISSUES this notice to Plaintiff pursuant to Rand v. Rowland, 154 F.3d 952 (9th 19 Cir.1998) (en banc). 20 Plaintiff should be aware that failure to oppose a proper motion for summary judgment 21 may result in the dismissal of this case with prejudice. A motion for summary judgment under 22 Rule 56 of the Federal Rules of Civil Procedure will, if granted, end Plaintiff’s case. See Rand , 23 154 F.3d at 953-54. A principal purpose of the summary judgment procedure is to identify and 24 dispose of factually supported claims. See Celotex Corp. v. Cattrett, 477 U.S. 317, 323-24 25 (1986). In order to withstand a motion for summary judgment, the opposing party must set 26 forth specific facts showing that there is a genuine issue of material fact in dispute. Fed. R. Civ. 27 P. 56(e). A dispute about a material fact is genuine “if the evidence is such that a reasonable 28 jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, of law.” Celotex Corp., 477 at 323. In opposing summary judgment, Plaintiff is not entitled to 3 rely on the allegations of his complaint. See Fed. R. Civ. P. 56(e); cf. S. A. Empresa de Viacao 4 Aerea Rio Grandense (Varig Airlines) v. Walter Kidde & Co., 690 F.2d 1235, 1238 (9th Cir. 5 1982) (stating that “a party cannot manufacture a genuine issue of material fact merely by 6 making assertions in its legal memoranda”). Rather, Plaintiff’s response must set forth specific 7 facts supported by admissible evidence, i.e., affidavits or certified deposition testimony, 8 answers to interrogatories, or properly authenticated documents, that contradict the defendant’s 9 declarations and show that there is a genuine issue for trial. See id.; see also Keenan v. Allan, 10 91 F.3d 1275, 1279 (9th Cir. 1996) (quoting Richards v. Combined Ins. Co., 55 F.3d 247, 251 11 For the Northern District of California 248 (1986). In the absence of such facts, “the moving party is entitled to a judgment as a matter 2 United States District Court 1 (7th Cir. 1995), and stating that it is not a district court’s task to “scour the record in search of a 12 genuine issue of triable fact”). If Plaintiff does not submit his own evidence in opposition, 13 summary judgment, if appropriate, may be entered against him. If summary judgment is 14 granted, Plaintiff’s case will be dismissed and there will be no trial. See Rand, 154 F.3d at 953- 15 54. 16 17 IT IS SO ORDERED. Dated: March 12, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 WILLIAM J. WHITSITT et al, Case Number: CV08-01803 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 JEAN ZEDLITZ et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 12 District Court, Northern District of California. 13 That on March 12, 2013, 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 14 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. 15 16 William J. Whitsitt 17 26 W. Emerson Ave. Tracy, CA 95376 18 Dated: March 12, 2013 19 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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