Woods v. Lopez et al

Filing 8

ORDER SCHEDULING DISPOSITIVE MOTION. Signed by Judge William Alsup on 2/1/16. (dl, COURT STAFF) (Filed on 2/2/2016)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 BARRY DEWAYNE WOODS, No. C 15-5010 WHA (PR) 8 Plaintiff, ORDER SCHEDULING DISPOSITIVE MOTION 9 v. 10 Defendant. For the Northern District of California United States District Court J. LOPEZ, et al., 11 / 12 13 Plaintiff, an inmate at Salinas Valley State Prison, filed this pro se civil rights action in 14 state court against prison officials and the California Department of Corrections and 15 Rehabilitation (“CDCR”). Thirty of the thirty-seven defendants were served and removed the 16 case to federal court because plaintiff makes a number of claims under 42 U.S.C. 1983 based 17 upon the alleged violation of his constitutional rights. The complaint has been reviewed under 18 28 U.S.C. 1915A, it is determined that the claims plaintiff makes for the violation of his federal 19 constitutional rights are, when liberally construed, cognizable. 20 Accordingly, it is hereby ordered as follows: 21 1. Defendants shall file an answer in accordance with the Federal Rules of Civil 22 Procedure. 23 2. In order to expedite the resolution of this case: 24 a. No later than 91 days from the date this order is filed, defendants shall file a 25 motion for summary judgment or other dispositive motion. If defendants are of the opinion that 26 this case cannot be resolved by summary judgment, he shall so inform the court prior to the date 27 the summary judgment motion is due. All papers filed with the court shall be promptly served 28 on the plaintiff. 1 b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 2 court and served upon defendants no later than 28 days from the date of service of the motion. 3 Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to 4 him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and 5 Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 6 7 8 9 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. Along with his motion, defendants shall proof that they served plaintiff the 11 For the Northern District of California United States District Court 10 c. Defendants shall file a reply brief no later than 14 days after the date of Rand warning at the same time they served him with their motion. Failure to do so will result in 12 the summary dismissal of their motion. 13 3. All communications by the plaintiff with the court must be served on defendants, or 14 defendants’ counsel once counsel has been designated, by mailing a true copy of the document 15 to defendants or defendants’ counsel. 16 4. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 17 No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is 18 required before the parties may conduct discovery. 19 5. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court 20 informed of any change of address and must comply with the court's orders in a timely fashion. 21 Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 22 Federal Rule of Civil Procedure 41(b). 23 IT IS SO ORDERED. 24 Dated: February 25 1 , 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 26 27 28 2 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 [current Rule 56(c)], 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 3

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