Stevenson v. Jones

Filing 22

ORDER 16 . (Illston, Susan) (Filed on 12/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES L. STEVENSON,

Case No. 15-cv-05241-SI

Plaintiff,
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v.

ORDER

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Re: Dkt. No. 16

M. JONES,
Defendant.

United States District Court
Northern District of California

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The order of service stated that, “[i]f defendant files a motion for summary judgment,

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defendant must provide to plaintiff a new Rand notice regarding summary judgment procedures at

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the time he files such a motion. See Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012).” Docket

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No. 6 at 3. Defendant’s motion for summary judgment (Docket No. 16) was not accompanied by

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a Rand notice. The failure to comply with the Rand and Woods notice requirement continues to be

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a quick route to reversal if a motion for summary judgment is granted. See, e.g., Nelson v. Peck,

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Ninth Cir. No. 12-16805 (9th Cir. Nov. 23, 2016) (provision of Rand notice at outset of case but

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not concurrently with the motion for summary judgment was reversible error). To avoid the

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possibility of such a reversal, defendant’s motion for summary judgment (Docket No. 16) is

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DENIED for failure to provide the Rand notice. The denial of the motion for summary judgment

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is without prejudice to defendant filing a new motion for summary judgment that is accompanied

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by a Rand notice.

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The court now sets the following briefing schedule for the new motion for summary

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judgment: Defendant must file and serve a new motion for summary judgment with a Rand notice

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no later than December 23, 2016. Plaintiff must file and serve his opposition to the new motion

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for summary judgment no later than January 20, 2017. If plaintiff does not file a new opposition,

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the court will consider his opposition filed on November 14, 2016 in ruling upon the new motion

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for summary judgment. Defendant must file and serve his reply (if any) no later than February 3,

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2017.

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IT IS SO ORDERED.
Dated: December 5, 2016
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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