Cortez v. Evans et al

Filing 65

ORDER AFTER REMAND; SCHEDULING DISPOSITIVE MOTION. Dispositive Motion due by 12/28/2012. Signed by Judge Edward J. Davila on 11/1/2012. (ecg, COURT STAFF) (Filed on 11/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ROBERT CORTEZ,

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Plaintiff,
vs.

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M.S. EVANS, et al.,
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Defendant(s).
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No. C 06-03827 EJD (PR)
ORDER AFTER REMAND;
SCHEDULING DISPOSITIVE
MOTION

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Plaintiff, a California prisoner currently incarcerated at Salinas Valley State

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Prison (“SVSP”), filed a pro se civil rights action under 42 U.S.C. § 1983 against

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various SVSP employees. The Court granted Defendants’ motion for summary

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judgment and motion to dismiss. (Docket No. 50.) Plaintiff appealed the district

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court’s granting of summary judgment. The Ninth Circuit Court of Appeals vacated

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the summary judgment order only on Plaintiff’s claim under the Religious Land Use

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and Institutionalized Persons Act (“RLUIPA”), and remanded to the district court to

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consider whether the piercing regulation was the least-restrictive means of furthering

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a compelling governmental interest. (Docket Nos. 58 & 59.)1

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The matter was reassigned to this Court on April 25, 2011. (Docket No.

61.)
Order After Remand; Scheduling Disp. Motions
G:\PRO-SE\SJ.EJD\OLDER CASES\Cortez3827_sched.wpd

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In light of the foregoing, the Court hereby orders as follows:

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1.

No later than fifty-six (56) days from the date of this order,

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Defendants shall file a motion for summary judgment or other dispositive motion

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with respect to Plaintiff’s RLUIPA claim, specifically on the issue on whether the

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piercing regulation was the least-restrictive means of furthering a compelling

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governmental interest.

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Any motion for summary judgment shall be supported by adequate factual

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documentation and shall conform in all respects to Rule 56 of the Federal Rules of

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Civil Procedure. Defendants are advised that summary judgment cannot be
granted, nor qualified immunity found, if material facts are in dispute. If any

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For the Northern District of California

United States District Court

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Defendant is of the opinion that this case cannot be resolved by summary

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judgment, he shall so inform the Court prior to the date the summary

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judgment motion is due.

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In the event Defendants file a motion for summary judgment, the Ninth

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Circuit has held that Plaintiff must be concurrently provided the appropriate

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warnings under Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). See

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Woods, Nos. 09-15548 & 09-16113, slip op. at 7874.

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2.

Plaintiff’s opposition to Defendants’ dispositive motion shall be filed

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with the Court and served on Defendants’ counsel no later than twenty-eight (28)

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days from the date Defendants’ motion is filed.

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3.

Defendants shall file a reply brief no later than fourteen (14) days

after Plaintiff’s opposition is filed.

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DATED:

11/1/2012

EDWARD J. DAVILA
United States District Judge

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Order After Remand; Scheduling Disp. Motions
G:\PRO-SE\SJ.EJD\OLDER CASES\Cortez3827_sched.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROBERT CORTEZ,

Case Number: CV06-03827 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
M.S. EVANS, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
11/2/2012
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Roberto Cortez P-08468
Salinas Valley State Prison
P. O. Box 1050
Soledad, Ca 93960-1050
Dated:

11/2/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk