Shotwell v. Chavez-Epperson et al

Filing 175

ORDER REOPENING CASE; SCHEDULING DISPOSITIVE MOTIONS; TO SHOW CAUSE RE: UNSERVED DEFENDANTS. Signed by Judge William Alsup on 12/2/2021. (tl, COURT STAFF) (Filed on 12/2/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MANUEL SHOTWELL,
Plaintiff,

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United States District Court
Northern District of California

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v.
CHAVEZ-EPPERSON; E. MEDINA; S.
BEYER; SMITH; BOLES; FLOREZ;
GARCIA; VARGAS; PETERSON;
RAMIREZ; AVILA,

No. C 15-2894 WHA (PR)
ORDER REOPENING CASE;
SCHEDULING DISPOSITIVE
MOTIONS; TO SHOW CAUSE RE.
UNSERVED DEFENDANTS

Defendants.

Pursuant to the mandate of the United States Court of Appeals affirming in part and
reversing the part the judgment and remanding the case to this court for further proceedings,
within 90 days of the date this Order is filed, defendants shall file a motion for summary judgment
or other dispositive motion regarding the remaining claims, as described in the Court of Appeals’
order (ECF No. 170). Within 90 days of the date this order is filed, plaintiff shall show cause why
the claims against the unserved defendants should not be dismissed for lack of service under Rule
4(m) of the Federal Rules of Civil Procedure.
If defendants are of the opinion that this case cannot be resolved by summary judgment,
they 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 on the plaintiff.
Plaintiff's opposition to the dispositive motion, if any, shall be filed with the court and
served upon defendants no later than 28 days from the date of service of the motion. Plaintiff

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

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

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

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United States District Court
Northern District of California

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Defendants shall file a reply brief no later than 14 days after the date of service of the
opposition.
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.
Along with his motion, defendants shall file proof that they served plaintiff the Rand
warning at the same time they served him with their motion. Failure to do so will result in the
summary dismissal of their motion.
All communications by the plaintiff with the court must be served on defendants, or

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defendants’ counsel once counsel has been designated, by mailing a true copy of the document to

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defendants or their counsel.

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Discovery may be taken in accordance with the Federal Rules of Civil Procedure. No

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further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is required

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before the parties may conduct discovery.

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Plaintiff is reminded that state prisoners inmates may review all non-confidential material

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in their medical and central files, pursuant to In re Olson, 37 Cal. App. 3d 783 (Cal. Ct. App.

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1974); 15 California Code of Regulations § 3370; and the CDCR’s Department Operations

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Manual §§ 13030.4, 13030.16, 13030.16.1-13030.16.3, 13030.21, and 71010.11.1. Requests to

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review these files or for copies of materials in them must be made directly to prison officials, not

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to the court.

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The clerk shall reopen the file.

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IT IS SO ORDERED.

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Dated: December 2, 2021.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
Northern District of California

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

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A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if

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granted, end your case.

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

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

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

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

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case. When a party you are suing makes a motion for summary judgment that is properly
supported by declarations (or other sworn testimony), you cannot simply rely on what your

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United States District Court
Northern District of California

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

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interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts

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shown in Defendant's declarations and documents and show that there is a genuine issue of

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material fact for trial. If you do not submit your own evidence in opposition, summary judgment,

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if appropriate, may be entered against you. If summary judgment is granted, your case will be

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dismissed and there will be no trial.

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