Jones v. Hubbard et al

Filing 160

ORDER. Signed by Judge Charles R. Breyer on 7/11/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/11/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY JONES, Plaintiff(s), 12 13 14 15 vs. SUE HUBBARD, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 10-0177 CRB (PR) ORDER 16 17 The Ninth Circuit recently held that "Rand and Wyatt notices must be 18 served concurrently with motions to dismiss and motions for summary judgment 19 so that pro se prisoners will have fair, timely and adequate notice of what is 20 required of them in order to oppose those motions." Woods v. Carey, Nos. 09- 21 15548 & 09-16113, slip op. 7871, 7874 (9th Cir. July 6, 2012). Because it 22 appears that a Rand notice was not served concurrently with the pending motion 23 for summary judgment in this case, the court will provide said notice now: 24 Plaintiff is advised that a motion for summary judgment under Rule 56 of 25 the Federal Rules of Civil Procedure will, if granted, end your case. Rule 26 56 tells you what you must do in order to oppose a motion for summary 27 judgment. Generally, summary judgment must be granted when there is 28 no genuine issue of material fact – that is, if there is no real dispute about 1 any fact that would affect the result of your case, the party who asked for 2 summary judgment is entitled to judgment as a matter of law, which will 3 end your case. When a party you are suing makes a motion for summary 4 judgment that is properly supported by declarations (or other sworn 5 testimony), you cannot simply rely on what your complaint says. Instead, 6 you must set out specific facts in declarations, depositions, answers to 7 interrogatories, or authenticated documents, as provided in Rule 56(e), that 8 contradicts the facts shown in the defendant's declarations and documents 9 and show that there is a genuine issue of material fact for trial. If you do 10 not submit your own evidence in opposition, summary judgment, if 11 appropriate, may be entered against you. If summary judgment is granted, 12 your case will be dismissed and there will be no trial. Rand v. Rowland, 13 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A). 14 Because plaintiff already has filed an opposition to the pending motion for 15 summary judgment in this case, he may file a supplemental opposition within 15 16 days of this order. Defendants shall file a supplemental reply to any 17 supplemental opposition within 7 days thereafter. 18 SO ORDERED. 19 DATED: July 11, 2012 CHARLES R. BREYER United States District Judge 20 21 22 23 24 25 26 G:\PRO-SE\CRB\CR.10\Jones, T1.notice.wpd 27 28 2

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