Alcala v. Monsanto Company
Filing
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NOTICE OF DEFICIENCIES IN PLAINTIFF'S EVIDENCE AND OF FILING REQUIREMENT FOR MOTION FOR SUMMARY JUDGMENT. Signed by Judge Phyllis J. Hamilton on 8/8/13. THE PARTIES ARE HANDED COPIES OF ORDER IN OPEN COURT(nah, COURT STAFF) (Filed on 8/8/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JAVIER ALCALA,
No. C 08-4828 PJH
Plaintiff(s),
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MONSANTO COMPANY,
NOTICE OF DEFICIENCIES IN
PLAINTIFF’S EVIDENCE AND OF
FILING REQUIREMENT FOR MOTION
FOR SUMMARY JUDGMENT
Defendant(s).
_______________________________/
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For the Northern District of California
United States District Court
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v.
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NOTICE -- WARNING TO PRO SE PLAINTIFF JAVIER ALCALA:
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You are hereby notified that based upon the court’s prior review of the evidence in
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this case, your evidence as to causation was deficient. The complaint asserts two causes
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of action arising under California law : 1) general negligence and 2) products liability. The
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products liability cause of action is based upon the existence of “warning defects” in
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defendant’s Roundup products. In order to prevail on these two causes of action you must
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prove causation, which is an essential element of every tort action. See Merrill v. Navegar,
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Inc., 26 Cal.4th 465, 479 (2001) (“[U]nder either a negligence or a strict liability theory of
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products liability, to recover from a manufacturer, a plaintiff must prove that a defect
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caused injury”). Defendant Monsanto is not liable unless at least one of its products was a
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legal cause of your injury. See Jameson v. Desta, 215 Cal. App. 4th 1144, 1166 (2013)
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(“The law is well settled that in a personal injury action causation must be proven within a
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reasonable medical probability based upon competent expert testimony.”); and Jones v.
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Ortho Pharameutical Corp., 163 Cal. App.3d 396, 402-03 (1985) (same). Accordingly, you
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must produce expert testimony establishing causation in order to proceed to trial.
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You are further notified that after a further period of discovery, Monsanto may file a
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motion for summary judgment (dispositive motion) by which it will seek to have your case
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dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil
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Procedure will, if granted, end your case.
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Rule 56 tells you what you must do in order to oppose a motion for summary
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judgment. Generally, summary judgment must be granted when there is no genuine issue
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of material fact. That is, if there is no real dispute about any fact that would affect the result
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of your case, the party who asked for summary judgment is entitled to judgment as a
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matter of law, which will end your case. When a party you are suing makes a motion for
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summary judgment that is properly supported by declarations (or other sworn testimony),
you cannot simply rely on what your complaint says. Instead, you must set out specific
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For the Northern District of California
United States District Court
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facts in declarations, depositions, answers to interrogatories, or authenticated documents,
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as provided in Rule 56(e), that contradict the facts shown in the defendant's declarations
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and documents and show that there is a genuine issue of material fact for trial. If you do
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not submit your own evidence in opposition, summary judgment, if appropriate, may be
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entered against you. If summary judgment is granted, your case will be dismissed and
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there will be no trial.
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The court provides this summary judgment “fair notice” pursuant to Rand v.
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Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc). In Rand, the Ninth Circuit held
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that pro se prisoners must be given a warning about the requirements of Rule 56 of the
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Federal Rules of Civil Procedure pertaining to summary judgment and the consequences of
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such a motion. This court routinely provides these warnings in its orders of service for
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prisoner pro se civil rights complaints. While a Rand notice is required only in pro se
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prisoner cases, the court finds it appropriate to provide this notice to you, a non-prisoner
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pro se civil plaintiffs, out of an abundance of caution.
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The Ninth Circuit recently held that Rand notices must be provided at the time the
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motions are filed, and that notices given in advance of such motions are not sufficient.
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Woods v. Carey, 684 F.3d 934, 940-41 (9th Cir. 2012) (Rand notices must be given at the
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time motion for summary judgment is filed, not earlier); Rand at 960 (separate paper
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required). Accordingly, at the time that a summary judgment motion is served, Monsanto
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shall also serve, in a separate paper, the notice required by Rand as stated above.
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Civil Local Rule 7-3 requires that you file your opposition to the motion for summary
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judgment no later than 14 days after the motion is served and filed. You may file an
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affidavit or declaration in support of your opposition, as well as a brief or memorandum
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which may not exceed 25 pages of text unless you file a request for permission of the court
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to exceed the page limit prior to the due date and the court grants your request. Any
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evidentiary and procedural objections to the motion for summary judgment must be
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For the Northern District of California
United States District Court
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contained within the brief or memorandum.
IT IS SO ORDERED.
Dated: August 8, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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