Arreola v. Henry et al

Filing 55

ORDER. Because Plaintiff already has filed an opposition to the pending motion for summary judgment in this case, he may file a supplemental opposition within 15 days of this order. Defendants shall file a supplemental reply to any supplemental opposition within 7 days thereafter. Responses due by 7/25/2012. Replies due by 8/1/2012. Signed by Judge Edward J. Davila on 7/10/2012. (ecg, COURT STAFF) (Filed on 7/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER

Plaintiff,

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No. C 11-02843 EJD (PR)

MANUEL ARREOLA,

vs.

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JOHN HENRY, et al.,
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Defendant.
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/
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The Ninth Circuit recently held that "Rand and Wyatt notices must be served

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concurrently with motions to dismiss and motions for summary judgment so that pro se

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prisoners will have fair, timely and adequate notice of what is required of them in order to

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oppose those motions." Woods v. Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 7874

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(9th Cir. July 6, 2012). Because it appears that a Rand notice was not served concurrently

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with the pending motion for summary judgment in this case, the Court will provide said

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notice now:

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Plaintiff is advised that a motion for summary judgment under Rule 56 of the

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Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells

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you what you must do in order to oppose a motion for summary judgment.

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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

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affect the result of your case, the party who asked for summary judgment is

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entitled to judgment as a matter of law, which will end your case. When a

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party you are suing makes a motion for summary judgment that is properly

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supported by declarations (or other sworn testimony), you cannot simply rely

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on what your complaint says. Instead, you must set out specific facts in

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declarations, depositions, answers to interrogatories, or authenticated

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documents, as provided in Rule 56(e), that contradicts the facts shown in the

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defendant's declarations and documents and show that there is a genuine issue

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of material fact for trial. If you do not submit your own evidence in opposition,

United States District Court
For the Northern District of California

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summary judgment, if appropriate, may be entered against you. If summary

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judgment is granted, your case will be dismissed and there will be no trial.

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Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A).

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Because Plaintiff already has filed an opposition to the pending motion for summary

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judgment in this case, he may file a supplemental opposition within 15 days of this order.

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Defendants shall file a supplemental reply to any supplemental opposition within 7 days

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thereafter.

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7/10/2012
DATED: ________________________

_______________________________
EDWARD J. DAVILA
United States District Judge

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Order
02843Arreola_notice.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MANUEL ARREOLA,

Case Number: CV11-02843 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
JOHN HENRY, 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.
7/13/2012
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.

Manuel Arreola V-98236
Salinas Valley State Prison
PO Box 1050
Soledad, CA 93960
Dated:

7/13/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk