Lua v. Adams

Filing 33

ORDER denying 31 MOTION for Entry of Default filed by Hugo Lua,denying without prejudice 29 MOTION for Summary Judgment filed by Nancy Adams. Signed by Judge Charles R. Breyer on 4/15/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HUGO LUA, P-48040,
Plaintiff(s),

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v.
NANCY ADAM, M.D.,
Defendant(s).

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No. C 12-1793 CRB (PR)
ORDER
(Docket # 29 & 31)

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On March 28, 2013, defendant filed a motion for summary judgment and

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served a copy on plaintiff, a pro se prisoner incarcerated at Pelican Bay State

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Prison (PBSP). The motion (docket # 29) is DENIED without prejudice because

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it is not accompanied by a Rand notice so that plaintiff will have fair, timely and

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adequate notice of what is required of him in order to oppose the motion. See

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Woods v. Carey, 684 F.3d 934, 935 (9th Cir. 2012) (notice requirement set out in

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Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), must be served concurrently

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with motion for summary judgment). Within seven days of this order, defendant

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shall re-notice the motion for summary judgment and serve a copy of the re-

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notice and the requisite Rand notice on plaintiff.

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The hearing noticed for May 10, 2013 is VACATED and plaintiff’s

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motion for default judgment (docket # 31) is DENIED.

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SO ORDERED.

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DATED: April 15, 2013
CHARLES R. BREYER
United States District Judge

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