Cassano v. Wlodarezy et al

Filing 8

ORDER OF SERVICE Habeas Answer or Dispositive Motion due by 6/20/2014.. Signed by Judge William Alsup on 4/21/14. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/21/2014)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

11
For the Northern District of California

United States District Court

10
GARY CASSANO,
Plaintiff,

12
13
14

Nos.

C 14-1368 WHA (PR)

ORDER OF SERVICE

vs.
ROBERT WLADAREZYK; JOHN
SCHATZ,

15
Defendant.
16
/
17
18

Plaintiff, a California prisoner proceeding pro se, filed pro se civil rights complaint

19

under 42 U.S.C. 1983. Pursuant to the order dated April 2, 2014, the United States Marshal is

20

directed to serve the complaint upon defendants Dr. Robert Wladarezyk and Dr. John Schatz at

21

the address provided by plaintiff on April 16, 2014 (dkt. 7). It is noted that in the letter from

22

plaintiff providing defendants’ address, he also spells their names differently than in the

23

complaint, which itself has multiple spellings. Unless otherwise ordered at a later date, the

24

spelling in docket number 7, and in the caption of this order, shall be the spelling used in this

25

case. The clerk shall update the docket accordingly.

26

It is hereby ordered as follows:

27

1. The clerk shall issue summons and the United States Marshal shall serve, without

28

prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of this

1

order upon defendants Dr. Robert Wladarezyk and Dr. John Schatz at the address provided

2

by plaintiff in docket number 7. A courtesy copy of the complaint with attachments and this

3

order shall also be mailed to the California Attorney General’s Office.

4
5
6

2. Defendant shall file an answer in accordance with the Federal Rules of Civil
Procedure.
3. In order to expedite the resolution of this case:

7

a. No later than 91 days from the date this order is filed, defendant shall file a

8

motion for summary judgment or other dispositive motion. If defendant is of the opinion that

9

this case cannot be resolved by summary judgment, he shall so inform the court prior to the date
the summary judgment motion is due. All papers filed with the court shall be promptly served

11
For the Northern District of California

United States District Court

10

on the plaintiff.

12

b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the

13

court and served upon defendant no later than 28 days from the date of service of the motion.

14

Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to

15

him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and

16

Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

17
18
19
20
21

c. Defendant shall file a reply brief no later than 14 days after the date of
service of the opposition.
d. The motion shall be deemed submitted as of the date the reply brief is due.
No hearing will be held on the motion unless the court so orders at a later date.
e. A motion for summary judgment will only be considered if it is accompanied

22

by proof that defendants served plaintiff the Rand warning at the same time they served him

23

with their motion.

24

4. All communications by the plaintiff with the court must be served on defendant, or

25

defendant’s counsel once counsel has been designated, by mailing a true copy of the document

26

to defendant or defendant’s counsel.

27

5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure.

28

No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is
2

1

required before the parties may conduct discovery.

2

6. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court

3

informed of any change of address and must comply with the court's orders in a timely fashion.

4

Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to

5

Federal Rule of Civil Procedure 41(b).

6

IT IS SO ORDERED.

7
Dated: April
8

21

, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

1
2

NOTICE -- WARNING (SUMMARY JUDGMENT)
If defendants move for summary judgment, they are seeking to have your case

3

dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil

4

Procedure will, if granted, end your case.

5

Rule 56 tells you what you must do in order to oppose a motion for summary judgment.

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

8

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

9

will end your case. When a party you are suing makes a motion for summary judgment that is

10

properly supported by declarations (or other sworn testimony), you cannot simply rely on what

11
For the Northern District of California

Generally, summary judgment must be granted when there is no genuine issue of material

7

United States District Court

6

your complaint says. Instead, you must set out specific facts in declarations, depositions,

12

answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that

13

contradict the facts shown in the defendant's declarations and documents and show that there is

14

a genuine issue of material fact for trial. If you do not submit your own evidence in opposition,

15

summary judgment, if appropriate, may be entered against you. If summary judgment is

16

granted, your case will be dismissed and there will be no trial.

17
18
19
20
21
22
23
24
25
26
27
28
4