Sandoval v. Barneburg et al

Filing 46

FURTHER SCHEDULING ORDER Dispositive Motion due by 8/13/2013.. Signed by Judge Lucy H. Koh on 6/13/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 6/14/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ALFRED ARTHUR SANDOVAL,

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Plaintiff,
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v.
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CORRECTIONAL SGT. D. BARNEBURG, )
et al.,
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Defendants.
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No. C 12-3007 LHK (PR)
FURTHER SCHEDULING
ORDER

Plaintiff, a California state prisoner proceeding pro se, filed a civil rights action under 42

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U.S.C. § 1983, alleging that correctional officers at Pelican Bay State Prison used excessive

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force upon him. On June 11, 2013, the Court denied Defendants’ motion to dismiss the action as

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untimely.

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No later than sixty (60) days from the date of this order, Defendants shall file a motion

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for summary judgment or other dispositive motion with respect to the cognizable claim in the

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complaint. If Defendants elect to file a motion to dismiss on the grounds that Plaintiff failed to

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exhaust his available administrative remedies as required by 42 U.S.C. § 1997e(a), Defendants

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shall do so in an unenumerated Rule 12(b) motion pursuant to Wyatt v. Terhune, 315 F.3d 1108,

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1119-20 (9th Cir. 2003). Plaintiff’s opposition to the dispositive motion shall be filed with the

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Further Scheduling Order
G:\PRO-SE\LHK\CR.11\Sandoval007sch.wpd

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Court and served on Defendants no later than twenty-eight (28) days from the date Defendants’

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motion is filed. Defendants shall file a reply brief no later than fourteen (14) days after

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Plaintiff’s opposition is filed.

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Any motion for summary judgment shall be supported by adequate factual documentation

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and shall conform in all respects to Rule 56 of the Federal Rules of Civil Procedure. Defendants

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are advised that summary judgment cannot be granted, nor qualified immunity found, if material

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facts are in dispute. If Defendants are of the opinion that this case cannot be resolved by

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

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motion is due. Plaintiff’s opposition to any motion for summary judgment shall be filed with the

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Court and served on Defendants no later than twenty-eight (28) days from the date Defendants’

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motion is filed. Defendants shall file a reply brief no later than fourteen (14) days after

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Plaintiff’s opposition is filed.

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The motion shall be deemed submitted as of the date the reply brief is due. No hearing

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will be held on the motion unless the Court so orders at a later date. It is Plaintiff’s

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responsibility to prosecute this case. Plaintiff must keep the Court and all parties informed of

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any change of address and must comply with the Court’s orders in a timely fashion. Failure to

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do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule

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of Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED:

6/13/13

LUCY H. KOH
United States District Judge

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Further Scheduling Order
G:\PRO-SE\LHK\CR.11\Sandoval007sch.wpd

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