Gomez v. San Diego County et al

Filing 41

ORDER Providing Notice to Pro Se Prisoner of Requirements for Opposing Summary Judgment Pursuant to Klingele / Rand re 40 Motion for Summary Judgment or Partial Summary Judgment. Defendants' Motion for Summary Judgment has been calendared for hearing on 10/26/2012, in Courtroom 15 at 11:00 AM before Judge Barry Ted Moskowitz. Plaintiff may file and serve an Opposition no later than 10/12/2012. Defendant may file and serve a Reply to the Opposition, if needed, no later than 10/19/2012. Signed by Judge Barry Ted Moskowitz on 9/15/2012.(All non-registered users served via U.S. Mail Service)(rlu)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVE GOMEZ, CDCR #AG-3761, Civil Case No. 11cv0012 BTM (JMA) Plaintiff, 12 13 14 vs. SAN DIEGO COUNTY, et al., 15 ORDER PROVIDING NOTICE TO PRO SE PRISONER OF REQUIREMENTS FOR OPPOSING SUMMARY JUDGMENT PURSUANT TO KLINGELE / RAND Defendants. 16 17 18 This notice is required to be given to Plaintiff pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988):1 19 Defendant Carpenter has filed a Motion for Summary Judgment pursuant to FED.R.CIV.P. 20 56 [ECF No. 40], by which he seeks to have your case dismissed. A Motion for Summary 21 Judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case. 22 Rule 56 tells you what you must do in order to oppose a Motion for Summary Judgment. 23 Generally, summary judgment must be granted when there is no genuine issue of material fact-- 24 that is, if there is no real dispute about any fact that would affect the result of your case, and the 25 1 26 27 28 Klingele and Rand together require that the district court “as a bare minimum,” ensure a pro se prisoner has “fair notice of the requirements of the summary judgment rule.” Klingele, 849 F.2d at 411 (quotations omitted). “It would not be realistic to impute to a prison inmate ... an instinctual awareness that the purpose of a motion for summary judgment is to head off a full-scale trial by conducting a trial in miniature, on affidavits, so that not submitting counter affidavits is the equivalent of not presenting any evidence at trial.” Jacobsen v. Filler, 790 F.2d 1362, 1364 n.4 (9th Cir. 1986) (internal quotation omitted). -1- 11cv0012 BTM (JMA) 1 party who asked for summary judgment is entitled to judgment as a matter of law, which will 2 end your case. When a party you are suing makes a motion for summary judgment that is 3 properly supported by declarations (or other sworn testimony), you cannot simply rely on what 4 your complaint says. Instead, you must set out specific facts in declarations, depositions, 5 answers to interrogatories, or authenticated documents, as provided by Rule 56(e), that 6 contradict the facts shown in the defendants’ declarations and documents and show that there 7 is a genuine issue of material fact for trial. If you do not submit your own evidence in 8 opposition, summary judgment, if appropriate, may be entered against you. If summary 9 judgment is granted, your case will be dismissed and there will be no trial. 10 Conclusion and Order 11 Accordingly, IT IS ORDERED that Defendants’ Motion for Summary Judgment has 12 been calendared for hearing on Friday, October 26, 2012, in Courtroom 15 at 11:00 a.m. Your 13 Opposition (including any supporting documents) must be filed with the Court and served upon 14 Defendant Carpenter by Friday, October 12, 2012. If you do not wish to oppose Defendant’s 15 Motion, you should file and serve a “Notice of Non-Opposition” by that same date to let both 16 the Court and the Defendant know his Motion is unopposed. 17 18 If you do file and serve an Opposition, Defendant Carpenter must file and serve his Reply to that Opposition by Friday, October 19, 2012. 19 At the time appointed for hearing, the Court will, in its discretion, consider Defendant’s 20 Motion for Summary Judgment pursuant to FED.R.CIV.P. 56 as submitted on the papers, and will 21 issue its written opinion soon thereafter. See S. D. CAL. CIVLR 7.1(d)(1). Thus, unless 22 otherwise ordered, no appearances are required and no oral argument will be heard. 23 IT IS SO ORDERED. 24 25 26 DATED: September 15, 2012 BARRY TED MOSKOWITZ, Chief Judge United States District Court 27 28 -2- 11cv0012 BTM (JMA)

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