Smith v. Lim-Javate et al

Filing 16

ORDER 11 . (Illston, Susan) (Filed on 3/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY SMITH,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-01278-SI
ORDER

v.

Re: Dkt. No. 11
ROSANA LIM-JAVATE, et al.,
Defendants.

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The order of service stated that any motion for summary judgment stated that, if

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defendants filed a motion for summary judgment, they “must provide to plaintiff a new Rand notice

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regarding summary judgment procedures at the time they file such a motion. See Woods v. Carey, 684

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F.3d 934, 939 (9th Cir. 2012).” Docket No. 3 at 3; see Rand v. Rowland, 154 F.3d 934, 939 (9th Cir.

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2012). Defendants’ motion for summary judgment was not accompanied by a proper Rand notice.

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Although a paragraph in the motion includes the information required by Rand (see Docket No. 11

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at 5-6), that does not fully satisfy Rand because Rand also requires that the notice “be in a

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separate form that the plaintiff will recognize as given pursuant to the court’s requirement. It may

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not be provided within the summary judgment motion or in the papers ordinarily filed in support

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of the motion.” Rand, 154 F.3d at 960 (emphasis added). Meticulous compliance with the Rand

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notice requirement is necessary.

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requirement continues to be a quick route to reversal if a motion for summary judgment is granted.

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See, e.g., Nelson v. Peck, 2016 WL 6892509 (9th Cir. Nov. 23, 2016) (provision of Rand notice at

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outset of case but not concurrently with the motion for summary judgment was reversible error).

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To avoid the possibility of such a reversal, defendants’ motion for summary judgment (Docket

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No. 11) is DENIED for failure to provide the Rand notice in a separate document. The denial of

The failure to comply with the Rand and Woods notice

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the motion for summary judgment is without prejudice to defendants filing a new motion for

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summary judgment that is accompanied 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: Defendants must file and serve a new motion for summary judgment with a Rand

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notice no later than March 24, 2017. Plaintiff must file and serve his opposition to the new

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motion for summary judgment no later than April 21, 2017. Defendants must file and serve their

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reply (if any) no later than May 5, 2017.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: March 9, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

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