Hard Drive Productions, Inc. v. Does 1-87

Filing 30

NOTICE REGARDING SUMMARY JUDGMENT MOTIONS AND RULE 12(b)(6) DISMISSAL ORDER. Signed by Judge Joseph C. Spero on 1/19/12. (Attachments: # 1 Cert Serve)(klhS, COURT STAFF) (Filed on 1/19/2012)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

HARD DRIVE PRODUCTIONS, INC.,

8

Plaintiff(s),

9

11
For the Northern District of California

United States District Court

10

12

v.

No. C-11-02333 (JCS)
NOTICE REGARDING SUMMARY
JUDGMENT MOTIONS AND RULE
12(b)(6) DISMISSAL MOTIONS

A. LOPEZ, DOE DEFENDANT #1
ASSOCIATED WITH IP ADDRESS
108.0.16.220,
Defendant(s).
___________________________________/

13
14

Any party this case may file a motion for summary judgment under Rule 56 of the Federal

15

Rules of Civil Procedure. This notice is written to explain to the pro se parties the process involved

16

in this type of motion.

17

A motion for summary judgment provides a procedure for terminating an action without trial

18

if “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as

19

a matter of law.” Fed. R. Civ. P. 56(c). Material facts are those which may affect the outcome of

20

the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute as to a material fact

21

is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the party

22

opposing the motion for summary judgment. Id.

23

The party filing the motion for summary judgment is called the “moving party.” The moving

24

party bears the initial burden of identifying those portions of the pleadings, discovery and affidavits

25

which demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Cattrett, 477

26

U.S. 317, 323 (1986). Where the moving party will have the burden of proof on an issue at trial, it

27

must affirmatively demonstrate that no reasonable trier of fact could find other than for the moving

28

1

party. But on an issue for which the opposing party will have the burden of proof at trial, the

2

moving party need only point out that there is an absence of evidence to support the opposing

3

party’s case. Id.

4

Once the moving party meets its initial burden, the opposing party may not rest upon the

5

allegations or denials of unverified pleadings, but must file an opposition setting forth specific facts

6

showing that there is a genuine issue for trial. Fed. R. Civ. P. 56(e). The facts relied upon must be

7

admissible under rules governing admission of evidence generally, and must be presented in items

8

such as: (1) declarations based on personal knowledge, accompanied by sworn or certified copies of

9

all documents referred to in the declaration1; id.; (2) discovery documents, such as answers to
deposition questions, answers to interrogatories or answers to requests for admissions, that have

11
For the Northern District of California

United States District Court

10

been properly authenticated by a declaration by someone with personal knowledge of the

12

documents’ accuracy, Fed. R. Civ. P. 56(c); (3) verified complaints that meet the requirements of

13

Rule 56(e) (that is, complaints containing factual assertions that are within the pleader’s personal

14

knowledge and are otherwise admissible evidence), see Schroeder v. McDonald, 55 F.3d 454,460

15

(9th Cir. 1995); Keenan v. Hall, 83 F.3d 1083, 1090 n.1 (9th Cir. 1996)). The evidence presented on

16

each claim must not only be admissible, but also must be sufficient for a jury to reasonably return a

17

verdict for the opposing party. Anderson, 477 U.S. at 249. If the opposing party fails to contradict

18

the moving party with declarations or other evidence, the moving party’s evidence may be taken as

19

the truth.

20

It is not the district court’s job to search the record for a genuine issue of triable fact.

21

Keenan v. Allen, 91 F.3d 1275, 1279 (9th Cir. 1996). The opposing party has the burden of

22

identifying with reasonable particularity the evidence that precludes summary judgment. Id. If the

23

opposing party fails to do so, the district court may properly dismiss the claims. Id.

24
25

If the moving party has met its burden of proof and the opposing party fails to set forth
specific facts showing that there is a genuine issue for trial, then “the moving party is entitled to

26
27
28

1

A declaration is a statement of facts which are personally known to the person making the declaration. The facts
in a declaration must be admissible in evidence, i.e., evidentiary facts and not conclusions or argument. The declaration must
show affirmatively that the person making the declaration is competent to testify to the matters stated therein and contain no
inadmissible hearsay or opinions. A declaration must be made under penalty of perjury, i.e., it must be signed at the end after
the statement “I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed
on [date].”

2

1

judgment as a matter of law.” Celotex Corp., 477 U.S. at 323. A successful motion for summary

2

judgment terminates the action without trial, and will result in a final judgment on the merits.

3
4
5
6

Dated: January 19, 2012
_______________________________
JOSEPH C. SPERO
United States Magistrate Judge

7
8
9

11
For the Northern District of California

United States District Court

10

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

3