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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM J. WHITSITT,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 08-01803 JSW

v.

ORDER RE DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT

JEAN ZEDLITZ, et al.

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Defendants.
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On March 7, 2013, Defendant R. Lance & Sons Cos., Inc. filed a motion for summary

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judgment, which is noticed for a hearing on April 19, 2013. Under Northern District Local Rule

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7-3(a), Plaintiff’s opposition to the motion is due by no later than March 25, 2013. The Court

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HEREBY ISSUES this notice to Plaintiff pursuant to Rand v. Rowland, 154 F.3d 952 (9th

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Cir.1998) (en banc).

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Plaintiff should be aware that failure to oppose a proper motion for summary judgment

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may result in the dismissal of this case with prejudice. A motion for summary judgment under

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Rule 56 of the Federal Rules of Civil Procedure will, if granted, end Plaintiff’s case. See Rand ,

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154 F.3d at 953-54. A principal purpose of the summary judgment procedure is to identify and

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dispose of factually supported claims. See Celotex Corp. v. Cattrett, 477 U.S. 317, 323-24

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(1986). In order to withstand a motion for summary judgment, the opposing party must set

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forth specific facts showing that there is a genuine issue of material fact in dispute. Fed. R. Civ.

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P. 56(e). A dispute about a material fact is genuine “if the evidence is such that a reasonable

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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

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rely on the allegations of his complaint. See Fed. R. Civ. P. 56(e); cf. S. A. Empresa de Viacao

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Aerea Rio Grandense (Varig Airlines) v. Walter Kidde & Co., 690 F.2d 1235, 1238 (9th Cir.

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1982) (stating that “a party cannot manufacture a genuine issue of material fact merely by

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making assertions in its legal memoranda”). Rather, Plaintiff’s response must set forth specific

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facts supported by admissible evidence, i.e., affidavits or certified deposition testimony,

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answers to interrogatories, or properly authenticated documents, that contradict the defendant’s

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declarations and show that there is a genuine issue for trial. See id.; see also Keenan v. Allan,

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91 F.3d 1275, 1279 (9th Cir. 1996) (quoting Richards v. Combined Ins. Co., 55 F.3d 247, 251

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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

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United States District Court

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(7th Cir. 1995), and stating that it is not a district court’s task to “scour the record in search of a

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genuine issue of triable fact”). If Plaintiff does not submit his own evidence in opposition,

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summary judgment, if appropriate, may be entered against him. If summary judgment is

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granted, Plaintiff’s case will be dismissed and there will be no trial. See Rand, 154 F.3d at 953-

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54.

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IT IS SO ORDERED.
Dated: March 12, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT et al,

Case Number: CV08-01803 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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JEAN ZEDLITZ et al,
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Defendant.

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For the Northern District of California

United States District Court

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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.
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William J. Whitsitt
17 26 W. Emerson Ave.
Tracy, CA 95376
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Dated: March 12, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk