Jones v. Washington et al

Filing 26

ORDER Setting Briefing Schedule. Signed by Judge Claudia Wilken on 7/23/2010. (Attachments: # 1 Certificate of Service)(ndr, COURT STAFF) (Filed on 7/23/2010)

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Jones v. Washington et al Doc. 26 1 2 3 MALIK JONES, 4 5 6 7 8 9 10 United States District Court For the Northern District of California v. v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 07-4277 CW (PR) ORDER SETTING BRIEFING SCHEDULE Plaintiff, M. EVANS, et al., Defendants. / MALIK JONES, Plaintiff, No. C 09-3003 CW (PR) ORDER SETTING BRIEFING SCHEDULE 11 L. WASHINGTON, et al., 12 13 14 Defendants. / In its July 20, 2010 Order, the Court directed Defendants to The parties are directed 15 notice another deposition of Plaintiff. 16 to abide by the following schedule. 18 That deposition should take 17 place no later than thirty (30) days from the date of this Order. 1. The following briefing schedule shall govern dispositive 19 motions in Case Nos. C 07-4277 CW (PR) and C 09-3003 CW (PR): 20 a. No later than ninety (90) days from the date of this 21 Order, Defendants shall file a motion for summary judgment or other 22 dispositive motion. The motion shall be supported by adequate 23 factual documentation and shall conform in all respects to Federal 24 Rule of Civil Procedure 56. If Defendants are of the opinion that 25 these cases cannot be resolved by summary judgment, they shall so 26 inform the Court prior to the date the summary judgment motion is 27 due. All papers filed with the Court shall be promptly served on 28 Plaintiff. 1 b. Plaintiff's opposition to the dispositive motion 2 shall be filed with the Court and served on Defendants no later 3 than sixty (60) days after the date on which Defendants' motion is 4 filed. The Ninth Circuit has held that the following notice should 5 be given to pro se plaintiffs facing a summary judgment motion: 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The defendants have made a motion for summary judgment by which they seek to have your case dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells you what you must do in order to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact -- that is, if there is no real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for 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 facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant's declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted [in favor of the defendants], your case will be dismissed and there will be no trial. See Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc). Plaintiff is advised to read Rule 56 of the Federal Rules of Civil Procedure and Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (party opposing summary judgment must come forward with evidence showing triable issues of material fact on every essential element of his claim). Plaintiff is cautioned that because he bears the burden of proving his allegations in these cases, he must be 2 1 prepared to produce evidence in support of those allegations when 2 he files his opposition to Defendants' dispositive motion. Such 3 evidence may include sworn declarations from himself and other 4 witnesses to the incident, and copies of documents authenticated by 5 sworn declaration. Plaintiff will not be able to avoid summary 6 judgment simply by repeating the allegations of his complaint. 7 c. If Defendants wish to file a reply brief, they shall 8 do so no later than thirty (30) days after the date Plaintiff's 9 opposition is filed. 10 United States District Court For the Northern District of California d. The motion shall be deemed submitted as of the date No hearing will be held on the motion 11 the reply brief is due. 13 12 unless the Court so orders at a later date. 2. Pursuant to the Court's September 19, 2008 Order, 14 discovery may be taken in these actions in accordance with the 15 Federal Rules of Civil Procedure. 17 Order. 18 3. All communications by Plaintiff with the Court must be 19 served on Defendants' counsel by mailing a true copy of the 20 document to Defendants' counsel. 21 4. It is Plaintiff's responsibility to prosecute these Plaintiff must keep the Court informed of any change of 22 cases. The Court hereby sets a 16 discovery cut-off date of sixty (60) days from the date of this 23 address and must comply with the Court's orders in a timely 24 fashion. Failure to do so may result in the dismissal of these 25 actions for failure to prosecute pursuant to Federal Rule of Civil 26 Procedure 41(b). 27 5. Extensions of time are not favored, though reasonable Any motion for an extension of time 3 28 extensions will be granted. 1 must be filed no later than fifteen (15) days prior to the deadline 2 sought to be extended. 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\CW\CR.07\Jones07-4277&09-3003.briefingSCHED.frm IT IS SO ORDERED. DATED: 7/23/2010 CLAUDIA WILKEN United States District Judge 4

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