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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SEMPLICIO ALLAN TOMAS,

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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.,

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Defendants.
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For the Northern District of California

United States District Court

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/
In Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and Klingele

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v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988), the Ninth Circuit held that pro se

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prisoner litigants must be given a warning about the requirements of Rule 56 of the Federal

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Rules of Civil Procedure pertaining to summary judgment and the consequences of such a

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motion.

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The Ninth Circuit now has held that the 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). In this case the remaining

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defendant, Phil Wowak, has moved for summary judgment, though it does not appear a

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Rand notice was sent to plaintiff. The motion was filed on November 15, 2012, but plaintiff

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has not filed an opposition or otherwise communicated with the court.

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Plaintiff shall take notice of the attached warning. If after considering it he wishes to

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file an opposition, he shall do so by May 22, 2013. If plaintiff files an opposition defendant

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may file a reply within fourteen days.

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IT IS SO ORDERED.
Dated: April 18, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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NOTICE
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If defendants move for summary judgment, they are seeking 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 matter
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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
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For the Northern District of California

United States District Court

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simply rely on what your complaint says. Instead, you must set out specific facts in
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declarations, depositions, answers to interrogatories, or authenticated documents, as
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provided in Rule 56(e), that contradict the facts shown in the defendant's declarations and
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documents and show that there is a genuine issue of material fact for trial. If you do not
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submit your own evidence in opposition, summary judgment, if appropriate, may be entered
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against you. If summary judgment is granted, your case will be dismissed and there will be
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no trial.
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