Skains v. Lee

Filing 48

ORDER DENYING MOTION TO DISMISS; 41 ORDER DENYING MOTION TO HALT PROCEEDINGS; 43 ORDER SETTING BRIEFING SCHEDULE by Judge William H. Orrick. Defendants may renew all arguments and defenses by way of a motion for summary judgment, which shall be filed on or before October 15, 2014. Forty-five days after defendants have filed such motion, Skains's opposition, if any, shall be filed. Defendants shall file a reply, if any, to the opposition 15 days after the opposition is filed. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 7/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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RANDY SKAINS,
Plaintiff,

Case No. 12-cv-00087-WHO (PR)
ORDER DENYING MOTION TO
DISMISS;

v.
MICHAEL SEPULVEDA, et al.,
Defendants.

ORDER DENYING MOTION TO
HALT PROCEEDINGS;
ORDER SETTING BRIEFING
SCHEDULE

Defendants' motion to dismiss on grounds that plaintiff Skains has failed to state a
claim on which relief can be granted (Docket No. 41) is DENIED without prejudice.
Liberally construed, Skains has stated claims for relief. Defendants may renew all
arguments and defenses by way of a motion for summary judgment, which shall be filed
on or before October 15, 2014. Forty-five days after defendants have filed such motion,
Skains’s opposition, if any, shall be filed. Defendants shall file a reply, if any, to the
opposition 15 days after the opposition is filed. Because this new briefing schedule
provides Skains with more time, his motion to temporarily halt proceedings (Docket No.
43) is DENIED as moot. The Clerk shall terminate Docket Nos. 41 and 43.
A recent decision from the Ninth Circuit requires that pro se prisoner-plaintiffs be
given “notice of what is required of them in order to oppose” summary judgment motions

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at the time of filing of the motions, rather than when the court orders service of process or

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otherwise before the motions are filed. Woods v. Carey, 684 F.3d 934, 939–41 (9th Cir.

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2012). Defendants shall provide the following notice to plaintiff Skains when they file and

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serve any motion for summary judgment:

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United States District Court
Northern District of California

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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.
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 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).
IT IS SO ORDERED.
Dated: July 11, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge

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