Sykes v. Davis et al

Filing 8

NOTICE REGARDING LEGAL HELP DESK, HANDBOOK FOR LITIGANTS WITHOUT A LAWYER, AND LEGAL STANDARDS FOR SUMMARY JUDGMENT MOTIONS. Signed by Magistrate Judge Laurel Beeler on 12/18/2012. (Attachments: # 1 Certificate/Proof of Service, # 2 Legal Help Flyer, # 3 Pro Se Handbook)(ls, COURT STAFF) (Filed on 12/18/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco JEFFREY SYKES, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 12-6070 LB Plaintiff(s), NOTICE REGARDING LEGAL HELP DESK, HANDBOOK FOR LITIGANTS WITHOUT A LAWYER, AND LEGAL STANDARDS FOR SUMMARY JUDGMENT MOTIONS v. 13 BOBBIE DAVIS, ET AL., 14 15 Defendant(s). _____________________________________/ 16 17 18 I. NOTICE TO Plaintiff: Because you are representing yourself in this case, the Court issues this notice to you about legal resources available to you and the legal standard that applies to summary judgment motions. 19 20 II. RESOURCES AVAILABLE TO YOU First, the Court attaches a copy of the district court's Handbook for Litigants Without a Lawyer. 21 It provides instructions on how to proceed at every stage of your case, including discovery, motions, 22 and trial. 23 Second, you may wish to seek assistance from the Legal Help Center, a free service of the 24 Volunteer Legal Services Program, by calling 415-782-9000, extension 8657, or by signing up for 25 an appointment on the15th Floor of the Federal Courthouse in San Francisco, 450 Golden Gate 26 Avenue, San Francisco, California. At the Legal Help Center, you will be able to speak with an 27 attorney who may be able to provide basic legal help but not representation. A copy of the Legal 28 Help Center's flyer is attached. NOTICE C 12-6070 LB III. SUMMARY JUDGMENT 1 2 The following is a notice that this Court gives to litigants representing themselves when the other 3 files a motion for summary judgment. Because your case has just been filed, no motion has been 4 filed yet, but this notice will explain to you the process if a motion is filed. will result in the dismissal of your case. Federal Rule of Civil Procedure 56 tells you what you must 7 do in order to oppose a motion for summary judgment. Generally, summary judgment must be 8 granted when there is no genuine issue of material fact. What that means is that if there is no real 9 dispute about any fact that would affect the result of your case, the party who asked for summary 10 judgment is entitled to judgment as a matter of law, which ends your case. When a party you are 11 suing makes a motion for summary judgment that is properly supported by declarations (or other 12 For the Northern District of California If the other party in this case files a motion for summary judgment, that motion -- if granted -- 6 UNITED STATES DISTRICT COURT 5 sworn testimony),1 you cannot just rely on what your complaint says. Instead, you must set out 13 specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as 14 provided in Rule 56(e), that contradict the facts in Defendant's declarations and documents and show 15 that there is a genuine issue of material fact for trial. If you do not submit your own evidence in 16 opposition, the Court might -- if it is appropriate -- enter summary judgment against you and in favor 17 of the other party. 18 If the Court grants summary judgment in favor of the other party, your case will be dismissed, 19 and there will be no trial. See Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). You 20 should read Federal Rule of Civil Procedure 56 and Celotex Corp. v. Catrett, 477 U.S. 317 (1986) 21 (which discusses how the party who opposes summary judgment must come forward with evidence 22 showing triable issues of material fact on every essential element of his claim). If you do not file 23 your opposition, the Court still will consider whether summary judgment is appropriate under Rule 24 25 26 27 28 1 A declaration is a statement of facts. The person making the declaration must know those facts personally, and they must be facts that can be admitted into evidence. That means that they must be facts as opposed to conclusions, argument, opinion, or hearsay. A declaration must be made under penalty of perjury, which means that the person making the declaration must sign it and date the declaration after the following statement: "I declare under penalty of perjury that the foregoing is true and correct. Dated ________. Signed _______________." ” NOTICE C 12-6070 LB 2 1 56, but your failure may be construed as consent by you to this Court's granting the other party's 2 motion for summary judgment. That in turn will result in the dismissal of your case before trial. See 3 Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 F.3d 651, 4 653 (9th Cir. 1994). 5 Dated: December 18, 2012 6 _______________________________ LAUREL BEELER United States Magistrate Judge 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE C 12-6070 LB 3

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