Villa v. Sullivan et al

Filing 16

ORDER EXTENDING DEADLINES 15 (Illston, Susan) (Filed on 2/11/2014)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 CESAR FRANCISCO VILLA, 9 United States District Court For the Northern District of California 10 11 No. C 13-3311 SI (pr) Plaintiff, ORDER EXTENDING DEADLINES v. M. SULLIVAN, R.N.; et al., 12 Defendants. / 13 14 Defendants have filed an answer to the complaint and a motion for summary judgment 15 in this pro se prisoner's civil rights action. Plaintiff has filed a request for an extension of time 16 to file his "opposition to defendants' answer to complaint and demand for jury trial." Docket 17 # 15 at 1. 18 opposition to the answer, but he does need to file an opposition to the motion for summary 19 judgment. Plaintiff has mixed up two different obligations: he does not need to file an 20 The complaint and answer are called the pleadings in a case, and their purpose is to set 21 out the parties’ formal allegations, i.e., plaintiff's claims and defendants' defenses. Those are the 22 only pleadings generally allowed. Plaintiff is not allowed to file a reply to the answer to the 23 complaint unless the court specifically permits him to do so. See Fed. R. Civ. P. 7(a)(7). The 24 court declines to permit plaintiff to file a reply (or, as he called it, an opposition) to the answer 25 because it is unnecessary and unhelpful. The defenses alleged in the answer are deemed to be 26 controverted by the plaintiff. See Fed. R. Civ. P. 8(b)(6). In other words, it is presumed as a 27 legal matter that plaintiff disagrees with everything defendants have alleged in their answer and 28 he does not need to file another pleading to say so. 1 Plaintiff does, however, need to file an opposition to defendants' motion for summary 2 judgment. He should read the court's notice at pages 4-5 of the order of service and defendants' 3 "notice re. requirements and consequences of summary judgment" to help him understand what 4 he needs to do to oppose that motion. 5 Upon due consideration, the court GRANTS the request for extension of time in that it 6 will extend the deadline for plaintiff to file an opposition to defendants' motion for summary 7 judgment. (Docket # 14.) The court now sets the following new briefing schedule: Plaintiff 8 must file and serve on defense counsel his opposition to the motion for summary judgment no 9 later than March 28, 2014. Defendants must file and serve their reply brief (if any) no later than United States District Court For the Northern District of California 10 April 14, 2014. 11 Plaintiff asked for an extension of a deadline because he needs photocopying services for 12 a large pile of documents including his inmate appeals and other exhibits. The court now 13 provides some information so that plaintiff may be able to trim the size of the pile to bring it 14 within the limits of the prison's 50-page photocopy policy. Plaintiff does not need to file a 15 second copy of any document filed by the defendants or any document that he already has filed. 16 For example, if plaintiff wants the court to consider something in his inmate health care appeal 17 dated November 14, 2012, he can just state in his legal brief that the document is attached to the 18 Declaration of Jodi Torrance (assuming that is a true copy of his inmate appeal and response to 19 it) and tell the court what page he is referring to. The court has a copy of each and every 20 document that has been filed in this action and the court only needs one copy of any document, 21 so it is sufficient for a prisoner to tell the court the page of the document he is referring to and 22 identifies the name of the document he is referring to. More elaborate presentations are expected 23 from represented parties, but the court understands that prisoner-plaintiffs are quite limited in 24 their access to resources such as photocopiers, exhibit tabs, and hole-punchers and accepts 25 documents from them that might not pass muster from unincarcerated and represented litigants. 26 27 28 2 1 2 3 4 Plaintiff sent a letter requesting two subpoena forms. The clerk will send to plaintiff two blank subpoena forms for him to fill out and return to the clerk so that they may be issued. IT IS SO ORDERED. Dated: February 11, 2014 _______________________ SUSAN ILLSTON United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?