Chu v. Donahoe

Filing 38

ORDER PROVIDING RAND SUMMARY JUDGMENT NOTICE AND SETTING BRIEFING SCHEDULE. Motion for Summary Judgment filed by 4/30/2013. Replies due by 6/11/2013. Responses due by 5/28/2013. Motion Hearing set for 6/25/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 3/25/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/25/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SANDIE P. CHU,
Plaintiff,

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Northern District of California

United States District Court

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Case No.: 12-CV-2660 YGR
ORDER PROVIDING RAND SUMMARY
JUDGMENT NOTICE AND SETTING BRIEFING
SCHEDULE

vs.
PATRICK DONAHOE, POSTMASTER GENERAL,
UNITED STATES POSTAL SERVICE,
Defendant.

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Defendant Patrick Donahoe (“Defendant”) has indicated that he intends to file a motion for

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summary judgment against Plaintiff Sandie P. Chu (“Plaintiff”) in this matter. At the case

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management conference on March 25, 2013, both parties were present and agreed to the following

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schedule for filing of briefs in connection with Defendant’s Motion for Summary Judgment:

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Defendant to file motion by April 30, 2013

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Plaintiff to file response/opposition by May 28, 2013

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Defendant to file reply by June 11, 2013

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Hearing set for June 25, 2013 at 2:00 p.m. in Courtroom Five.

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Ninth Circuit authority indicates that self-represented plaintiffs should be given “notice of

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what is required of them in order to oppose” summary judgment motions at the time of filing of the

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motions. See Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998); Woods v. Carey, 684 F.3d

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934, 935, 940-41 (9th Cir. 2012). Accordingly, the Court provides the following notice to Plaintiff

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for her information in connection with Defendant’s motion for summary judgment:

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Northern District of California

United States District Court

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Defendant is making a motion for summary judgment under Rule 56 of the
Federal Rules of Civil Procedure which, if granted, will end your case by granting
judgment in favor of Defendant. 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). The evidence in those
documents must 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 may be
entered against you. If summary judgment is granted in favor of the defendant,
your case will be dismissed and there will be no trial.
See Rand, 154 F.3d at 962-63.
IT IS SO ORDERED.

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Date: March 25, 2013
___________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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