Bell-Sparrow v. Wiltz et al

Filing 74

ORDER (1) CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT; AND (2) ISSUING RAND NOTICE (Illston, Susan) (Filed on 5/9/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER:

Plaintiff,

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No. C 12-02782 SI

ARLENE BELL-SPARROW,

v.
PAUL WILTZ, MONE’T INC., and WONDA
MCGOWAN

(1) CONTINUING HEARING ON
MOTION FOR SUMMARY JUDGMENT;
AND
(2) ISSUING RAND NOTICE

Defendants.

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On May 8, 2014, pro se plaintiff Arlene Bell-Sparrow filed a motion for summary judgment

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against pro se defendant Wonda McGowan. Docket No. 70. A hearing on the motion is currently

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scheduled for June 3, 2014 at 9:00 a.m. The Court CONTINUES the hearing on plaintiff’s motion for

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summary judgment to Friday, June 6, 2014 at 9:00 a.m. In addition, because defendant is proceeding

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pro se, the Court concludes that it is appropriate to issue the following notice to defendant from Rand

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v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc):

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Plaintiff has made a motion for summary judgment by which she seeks to have judgment entered

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against you. Federal Rule of Civil Procedure 56 tells you what you must do in order to oppose a motion

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for summary judgment. Generally, summary judgment must be granted when there is no genuine issue

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of material fact—that is, if there is no real dispute about any fact that would affect the result of the case,

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the party who asked for summary judgment is entitled to judgment as a matter of law, which will end

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the case. When the opposing party makes a motion for summary judgment that is properly supported

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by declarations (or other sworn testimony), you cannot simply rely on what your opposition says.

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Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or

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authenticated documents, as provided in Rule 56(c), that contradict the facts shown in the plaintiff’s

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declarations and documents and show that there is a genuine issue of material fact for trial. If you do

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not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against

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you. If summary judgment is granted, judgment will be entered against you and in favor of plaintiff on

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some or all of plaintiff’s claims.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: May 9, 2014
SUSAN ILLSTON
United States District Judge

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