Crump v. Jones et al

Filing 50

ORDER Providing Rand Summary Judgment Notice. Signed by Judge Edward M. Chen on 7/11/2012. (Attachments: # 1 Certificate of Service)(emcsec, COURT STAFF) (Filed on 7/11/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE CRUMP,

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For the Northern District of California

United States District Court

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No. C-11-2679 EMC (pr)

Plaintiff,
ORDER PROVIDING RAND SUMMARY
JUDGMENT NOTICE

v.
TREVELYON JONES (Badge No. 8026),
Oakland Police Department Officer; et al.,

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Defendants.
___________________________________/

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The Ninth Circuit recently held that "Rand and Wyatt notices must be served concurrently

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with motions to dismiss and motions for summary judgment so that pro se prisoners will have fair,

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timely and adequate notice of what is required of them in order to oppose those motions." Woods v.

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Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 7874 (9th Cir. July 6, 2012). Because it appears

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that a Rand notice was not served concurrently with the pending motion for summary judgment in

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this case, the Court will provide said notice now:

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Plaintiff is advised that a motion for summary judgment under Rule 56
of the Federal Rules of Civil Procedure will, if granted, end your case.
Rule 56 tells you what you must do in order to oppose a motion for
summary judgment. Generally, summary judgment must be granted
when there is no genuine issue of material fact – that is, if there is no
real dispute about any fact that would affect the result of your case, the
party who asked for summary judgment is entitled to judgment as a
matter of law, which will end your case. When a party you are suing
makes a motion for summary judgment that is properly supported by
declarations (or other sworn testimony), you cannot simply rely on
what your complaint says. Instead, you must set out specific facts in
declarations, depositions, answers to interrogatories, or authenticated
documents, as provided in Rule 56(e), that contradicts the facts shown

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in the defendant's declarations and documents and show that there is a
genuine issue of material fact for trial. If you do not submit your own
evidence in opposition, summary judgment, if appropriate, may be
entered against you. If summary judgment is granted, your case will
be dismissed and there will be no trial. Rand v. Rowland, 154 F.3d
952, 962-63 (9th Cir. 1998) (en banc) (App A).

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Because Plaintiff already has filed an opposition to the pending motion for summary

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judgment in this case, he may file a supplemental opposition on or before July 27, 2012.

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Defendants shall file a supplemental reply to any supplemental opposition on or before August 3,

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2012.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: July 11, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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