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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FRED FULFORD, Plaintiff, 8 v. 9 10 DON M. GRIFFITH, Defendant. United States District Court Northern District of California 11 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 12 13 14 Plaintiff, a California prisoner currently incarcerated at California Medical Facility, filed 15 this pro se civil rights action under 42 U.S.C. § 1983. On March 30, 2017, Defendant filed a 16 summary judgment motion. Dkt. No. 23. Plaintiff has filed a motion requesting that the Court 17 order Defendant to comply with the Rand notice requirement.1 Dkt. No. 31. Defendant 18 acknowledges that he failed to serve a Rand notice concurrently with the summary judgment 19 motion, and states that the failure was an inadvertent error. Dkt. No. 32. Plaintiff’s motion is 20 therefore GRANTED. 21 By May 22, 2017, Defendant shall file an amended summary judgment motion. Plaintiff’s 22 opposition must be filed with the Court and served upon Defendant no later than 28 days from the 23 date the amended motion is filed. Defendant shall file a reply brief no later than 14 days after the 24 date the opposition is filed. The motion shall be deemed submitted as of the date the reply brief is 25 26 27 28 1 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). 1 due. No hearing will be held on the motion. 2 This order terminates Docket No. 31. 3 IT IS SO ORDERED. 4 5 6 7 Dated: May 19, 2017 ______________________________________ MARIA-ELENA JAMES United States 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 2

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