Chavez-Alvarez v. San Jose Police Department et al

Filing 14

ORDER OF SERVICE; DIRECTING CLERK TO ISSUE SUMMONS FOR DEFENDANT MONZON (See order for specifics). Habeas Answer or Dispositive Motion due by 10/24/2017. Responses due by 11/21/2017. Replies due by 12/5/2017. Signed by Judge Edward J. Davila on 8/24/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 8/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAFAEL CHAVEZ-ALVAREZ,
United States District Court
Northern District of California

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Plaintiff,

ORDER OF SERVICE; DIRECTING
CLERK TO ISSUE SUMMONS FOR
DEFENDANT MONZON

v.

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Case No. 16-02796 EJD (PR)

OFFICER MONZON, BADGE #4147,
Defendant.

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Plaintiff, a California state prisoner proceeding pro se, filed an amended civil rights

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complaint pursuant to 42 U.S.C. § 1983 against the San Jose Police Department (“SJPD”)

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and its officers. On April 5, 2017, the Court issued an order of service directing the Clerk

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to mail a Notice of Lawsuit and Request for Waiver of Service of Summons to Defendant

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Officer Monzon (Badge # 4147) at the San Jose Police Department. (Docket No. 10.) The

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service documents were mailed on April 7, 2017. (Docket No. 11.) On July 14, 2017,

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after having received no response, the Clerk sent waiver documents for Defendant to the

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Court Liaison at the San Jose Police Department. The Court has received no response

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from Defendant and has no information to conclude that the mail was undeliverable or that

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Defendant has been served.

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Pursuant to Rule 4(e)(2)(A) of the Federal Rules of Civil Procedure, when a waiver

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has not been obtained, service may be effected by way of personal service. Plaintiff is

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proceeding in forma pauperis; therefore, he is entitled to such service by the U.S. Marshal.

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See Fed. Civ. P. 4(c)(3).
CONCLUSION

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For the reasons stated above, the Court orders as follows:

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1.

The Clerk is directed to issue a summons and the U.S. Marshal shall

personally serve, without prepayment of fees, a copy of the amended complaint, (Docket

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No. 7), all attachments thereto, a copy of the Court’s order dated April 5, 2017, (Docket

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No. 10), and a copy of this order upon Defendant Officer Monzon (Badge # 4147) at the

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San Jose Police Department (201 W. Mission Street, San Jose, CA 95110). The Clerk shall

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United States District Court
Northern District of California

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also mail a copy of this Order to Plaintiff.

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2.

No later than sixty (60) days from the date of this order, Defendant shall

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file a motion for summary judgment or other dispositive motion with respect to the

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cognizable claims in the complaint. Any motion for summary judgment shall be

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supported by adequate factual documentation and shall conform in all respects to Rule 56

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of the Federal Rules of Civil Procedure. Defendant is advised that summary judgment

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cannot be granted, nor qualified immunity found, if material facts are in dispute. If

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

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shall so inform the court prior to the date the summary judgment motion is due.

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3.

Plaintiff’s opposition to the dispositive motion shall be filed with the court

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

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motion is filed. Plaintiff is advised to read Rule 56 of the Federal Rules of Civil Procedure

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and Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (holding party opposing summary

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judgment must come forward with evidence showing triable issues of material fact on

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every essential element of his claim).

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4.

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

plaintiff’s opposition is filed.
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5.

The motion shall be deemed submitted as of the date the reply brief is due.

No hearing will be held on the motion unless the court so orders at a later date.
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All communications by the plaintiff with the Court must be served on

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Defendant or Defendant’s counsel, by mailing a true copy of the document to Defendant or

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Defendant’s counsel.

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7.

Discovery may be taken in accordance with the Federal Rules of Civil

Procedure. No further court order is required before the parties may conduct discovery.
IT IS SO ORDERED.
8/24/2017
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Order of Service
PRO-SE\EJD\CR.16\02796Chavez-Alvarez_svc2

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