Ridout

Filing 26

ORDER Providing Rand Summary Judgment Notice. Signed by Judge Edward M. Chen on 7/9/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRY LEE RIDOUT,

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Plaintiff,
v.

ORDER PROVIDING RAND SUMMARY
JUDGMENT NOTICE

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For the Northern District of California

United States District Court

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No. C-11-2883 EMC (pr)

G. ELLIS, C.E.O.; et al.,

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Defendants.
___________________________________/

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A recent decision from the Ninth Circuit requires that pro se prisoner-plaintiffs be given

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"notice of what is required of them in order to oppose" summary judgment motions at the time of

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filing of the motions, rather than when the Court orders service of process or otherwise before the

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motions are filed. Woods v. Carey, No. 09-15548, slip op. 7871, 7874 (9th Cir. July 6, 2012).

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Accordingly, the Court now provides the following notice to Plaintiff for his information in

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connection with the defendants' pending motion to dismiss and for summary judgment:

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The defendants have made a motion for summary judgment by which
they seek to have your case dismissed. A motion for summary
judgment under Rule 56 of the Federal Rules of Civil Procedure will,
if granted, end your case.

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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 contradict
the facts shown in the defendants' declarations and documents and

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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.

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Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998).
In order to allow Plaintiff time to prepare his opposition to the pending motion to dismiss

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and for summary judgment taking into account this Rand summary judgment notice (which repeats

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the Rand summary judgment notice provided in the February 28, 2012 Order), the Court now sets

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the following new briefing schedule on Defendants' motion to dismiss and for summary judgment:

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1.

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For the Northern District of California

United States District Court

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Plaintiff must file and serve his opposition to the motion no later than August 17,
2012.

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Defendants must file and serve their reply (if any) no later than September 4, 2012.

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IT IS SO ORDERED.

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Dated: July 9, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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