MTC Financial Inc. v. United States Department of Housing and Urban Development, et al

Filing 32

Notice Regarding Summary Judgment Motions. Signed by Chief Magistrate Judge Joseph C. Spero on 5/10/16. (klhS, COURT STAFF) (Filed on 5/10/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MTC FINANCIAL INC., Case No. 15-cv-05057-JCS Plaintiff. 8 v. NOTICE REGARDING SUMMARY JUDGEMENT MOTIONS 9 10 11 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., United States District Court Northern District of California Defendants. 12 13 Defendant(s) in this case may file a motion for summary judgment under Rule 56 of the 14 Federal Rules of Civil Procedure. This notice is written to explain to the pro se plaintiff how the 15 summary judgment process works and the consequences if a summary judgment motion is granted 16 in the defendant’s favor. See Rand v. Rowland, 113 F.3d 1520 (9th Cir. 1997). 17 A motion for summary judgment provides a procedure for terminating an action without 18 trial if “there is no genuine issue as to any material fact and . . . the moving party is entitled to 19 judgment as a matter of law.” Fed. R. Civ. P. 56(c). Material facts are those which may affect the 20 outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute as to a 21 material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for 22 the party opposing the motion for summary judgment. Id. 23 The party filing the motion for summary judgment is called the “moving party.” The 24 moving party bears the initial burden of identifying those portions of the pleadings, discovery and 25 affidavits which demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. 26 Cattrett, 477 U.S. 317, 323 (1986). Where the moving party will have the burden of proof on an 27 issue at trial, it must affirmatively demonstrate that no reasonable trier of fact could find other than 28 for the moving party. But on an issue for which the opposing party will have the burden of proof 1 at trial, the moving party need only point out that there is an absence of evidence to support the 2 opposing party’s case. Id. Once the moving party meets its initial burden, the opposing party may not rest upon the 3 allegations or denials of unverified pleadings, but must file an opposition setting forth specific 5 facts showing that there is a genuine issue for trial. Fed. R. Civ. P. 56(e). The facts relied upon 6 must be admissible under rules governing admission of evidence generally, and must be presented 7 in items such as: (1) declarations based on personal knowledge, accompanied by sworn or certified 8 copies of all documents referred to in the declaration1; id.; (2) discovery documents, such as 9 answers to deposition questions, answers to interrogatories or answers to requests for admissions, 10 that have been properly authenticated by a declaration by someone with personal knowledge of the 11 United States District Court Northern District of California 4 documents’ accuracy, Fed. R. Civ. P. 56(c); (3) verified complaints that meet the requirements of 12 Rule 56(e) (that is, complaints containing factual assertions that are within the pleader’s personal 13 knowledge and are otherwise admissible evidence), see Schroeder v. McDonald, 55 F.3d 454,460 14 (9th Cir. 1995); Keenan v. Hall, 83 F.3d 1083, 1090 n.1 (9th Cir. 1996)). The evidence presented 15 on each claim must not only be admissible, but also must be sufficient for a jury to reasonably 16 return a verdict for the opposing party. Anderson, 477 U.S. at 249. If the opposing party fails to 17 contradict the moving party with declarations or other evidence, the moving party’s evidence may 18 be taken as the truth. 19 It is not the district court’s job to search the record for a genuine issue of triable fact. 20 Keenan v. Allen, 91 F.3d 1275, 1279 (9th Cir. 1996). The opposing party has the burden of 21 identifying with reasonable particularity the evidence that precludes summary judgment. Id. If 22 the opposing party fails to do so, the district court may properly dismiss the claims. Id. If the moving party has met its burden of proof and the opposing party fails to set forth 23 24 25 26 27 28 1 A declaration is a statement of facts which are personally known to the person making the declaration. The facts in a declaration must be admissible in evidence, i.e., evidentiary facts and not conclusions or argument. The declaration must show affirmatively that the person making the declaration is competent to testify to the matters stated therein and contain no inadmissible hearsay or opinions. A declaration must be made under penalty of perjury, i.e., it must be signed at the end after the statement “I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on [date].” 2 1 specific facts showing that there is a genuine issue for trial, then “the moving party is entitled to 2 judgment as a matter of law.” Celotex Corp., 477 U.S. at 323. A successful motion for summary 3 judgment terminates the action without trial, and will result in a final judgment on the merits. 4 5 6 7 Dated: May 10, 2016 ____________________________ JOSEPH C. SPERO Chief Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MTC FINANCIAL INC., Case No. 15-cv-05057-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 11 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., United States District Court Northern District of California Defendants. 12 13 14 15 16 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 10, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Nicole Shaw-Owens 1150 Coburn Court San Leandro, CA 94578 20 21 Dated: May 10, 2016 22 23 24 25 26 Susan Y. Soong Clerk, United States District Court By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 4

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