Tomas v. Wowack

Filing 21

ORDER GIVING ADDITIONAL NOTICE; DEADLINE FOR PLAINTIFF TO FILE AN OPPOSITION. Signed by Judge Phyllis J. Hamilton on 4/18/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 4/18/2013)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 SEMPLICIO ALLAN TOMAS, 6 7 8 No. C 12-2808 PJH (PR) Plaintiff, ORDER GIVING ADDITIONAL NOTICE; DEADLINE FOR PLAINTIFF TO FILE AN OPPOSITION vs. SANTA CRUZ BOARD OF SUPERVISORS, et. al., 9 Defendants. 11 For the Northern District of California United States District Court 10 / In Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and Klingele 12 v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988), the Ninth Circuit held that pro se 13 prisoner litigants must be given a warning about the requirements of Rule 56 of the Federal 14 Rules of Civil Procedure pertaining to summary judgment and the consequences of such a 15 motion. 16 The Ninth Circuit now has held that the notices must be provided at the time the 17 motions are filed, and that notices given in advance of such motions are not sufficient. 18 Woods v. Carey, 684 F.3d 934, 940-41 (9th Cir. 2012). In this case the remaining 19 defendant, Phil Wowak, has moved for summary judgment, though it does not appear a 20 Rand notice was sent to plaintiff. The motion was filed on November 15, 2012, but plaintiff 21 has not filed an opposition or otherwise communicated with the court. 22 Plaintiff shall take notice of the attached warning. If after considering it he wishes to 23 file an opposition, he shall do so by May 22, 2013. If plaintiff files an opposition defendant 24 may file a reply within fourteen days. 25 26 27 28 IT IS SO ORDERED. Dated: April 18, 2013. PHYLLIS J. HAMILTON United States District Judge 1 NOTICE 2 If defendants move for summary judgment, they are seeking to have your case 3 dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil 4 Procedure will, if granted, end your case. 5 Rule 56 tells you what you must do in order to oppose a motion for summary 6 judgment. Generally, summary judgment must be granted when there is no genuine issue 7 of material fact--that is, if there is no real dispute about any fact that would affect the result 8 of your case, the party who asked for summary judgment is entitled to judgment as a matter 9 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 11 For the Northern District of California United States District Court 10 simply rely on what your complaint says. Instead, you must set out specific facts in 12 declarations, depositions, answers to interrogatories, or authenticated documents, as 13 provided in Rule 56(e), that contradict the facts shown in the defendant's declarations and 14 documents and show that there is a genuine issue of material fact for trial. If you do not 15 submit your own evidence in opposition, summary judgment, if appropriate, may be entered 16 against you. If summary judgment is granted, your case will be dismissed and there will be 17 no trial. 18 19 20 21 22 23 24 25 26 27 28 2

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