Fulford v. Griffith et al

Filing 33

ORDER by Judge Magistrate Judge Maria-Elena James granting #31 MOTION TO COMPLY WITH RAND REQUIREMENT; ORDERING DEFENDANT TO FILE AMENDED SUMMARY JUDGMENT MOTION; RESETTING BRIEFING SCHEDULE. (Attachments: #1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 5/19/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRED FULFORD,
Plaintiff,

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v.

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DON M. GRIFFITH,
Defendant.

United States District Court
Northern District of California

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Case No. 16-cv-00770-MEJ
ORDER GRANTING MOTION TO
COMPLY WITH RAND
REQUIREMENT; ORDERING
DEFENDANT TO FILE AMENDED
SUMMARY JUDGMENT MOTION;
RESETTING BRIEFING SCHEDULE
Re: Dkt. No. 31

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Plaintiff, a California prisoner currently incarcerated at California Medical Facility, filed

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this pro se civil rights action under 42 U.S.C. § 1983. On March 30, 2017, Defendant filed a

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summary judgment motion. Dkt. No. 23. Plaintiff has filed a motion requesting that the Court

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order Defendant to comply with the Rand notice requirement.1 Dkt. No. 31. Defendant

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acknowledges that he failed to serve a Rand notice concurrently with the summary judgment

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motion, and states that the failure was an inadvertent error. Dkt. No. 32. Plaintiff’s motion is

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therefore GRANTED.

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By May 22, 2017, Defendant shall file an amended summary judgment motion. Plaintiff’s

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opposition must be filed with the Court and served upon Defendant no later than 28 days from the

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date the amended motion is filed. Defendant shall file a reply brief no later than 14 days after the

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date the opposition is filed. The motion shall be deemed submitted as of the date the reply brief is

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A motion for summary judgment must be accompanied by a Rand notice so that a plaintiff will
have fair, timely and adequate notice of what is required of him in order to oppose the motion.
Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012) (notice requirement set out in Rand v.
Rowland, 154 F.3d 952 (9th Cir. 1998), must be served concurrently with motion for summary
judgment).

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due. No hearing will be held on the motion.

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This order terminates Docket No. 31.

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IT IS SO ORDERED.

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Dated:

May 19, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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