Lopez v. Giurbino et al

Filing 46

ORDER Providing Notice to Pro Se Prisoner of Requirements for Opposing Summary Judgment Pursuant to Klingele / Rand and Setting Briefing Schedule: Any Opposition (including any supporting documents) must be filed with the Court and served on all par ties by 5/3/2013. If you do not wish to oppose Defendants' Motion, you should file and serve a "Notice of Non-Opposition" by that same date to let both the Court and Defendants know that the Motion is unopposed. If you do file and serv e an Opposition, Defendants must file and serve their Reply to that Opposition by 5/10/2013. Motion Hearing re 45 Motion for Summary Judgment set for 5/17/2013 at 11:00 AM in Courtroom 15B before Judge Barry Ted Moskowitz. Unless otherwise requested and ordered, no appearances are required on 5/17/2013, and no oral argument will be heard. Signed by Judge Barry Ted Moskowitz on 3/20/2013.(All non-registered users served via U.S. Mail Service)(rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL ANTHONY LOPEZ,
CDCR #H-30604,

Case No. 11cv1079 BTM (PCL)
Plaintiff,

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vs.

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G.J. GIURBINO, et al.,
Defendants.

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ORDER PROVIDING NOTICE
TO PRO SE PRISONER OF
REQUIREMENTS FOR
OPPOSING SUMMARY
JUDGMENT PURSUANT
TO KLINGELE / RAND
AND SETTING BRIEFING
SCHEDULE

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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

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Defendants Garcia and Kastner have filed a Motion for Summary Judgment pursuant to

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FED.R.CIV.P. 56 (ECF Doc. No. 45), by which they seek to have your case dismissed. A Motion

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for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted,

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end your case.

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Rule 56 tells 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–

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that is, if there is no real dispute about any fact that would affect the result of your case, and the

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Klingele and Rand together require the district court “as a bare minimum,” to ensure that a pro
se prisoner has “fair notice of the requirements of the summary judgment rule.” Klingele, 849 F.2d at
411 (quotations omitted); Rand, 154 F.3d at 962.
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11cv1079 BTM (PCL)

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party who asked for summary judgment is entitled to judgment as a matter of law, which will

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end your case. When a party you are suing makes a motion for summary judgment that is

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

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your complaint says. Instead, you must set out specific facts in declarations, depositions,

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answers to interrogatories, or authenticated documents, as provided by Rule 56(e), that

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contradict the facts shown in the defendants’ declarations and documents and show that there

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is a genuine issue of material fact for trial. If you do not submit your own evidence in

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opposition, 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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Conclusion and Order

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Accordingly, IT IS ORDERED that Defendants’ Motion for Summary Judgment has

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been calendared for hearing on Friday, May 17, 2013 in Courtroom 15B. Your Opposition

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(including any supporting documents) must be filed with the Court and served on all parties by

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Friday, May 3, 2013. If you do not wish to oppose Defendants’ Motion, you should file and

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serve a “Notice of Non-Opposition” by that same date to let both the Court and Defendants know

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that the Motion is unopposed. If you do file and serve an Opposition, Defendants must file and

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serve their Reply to that Opposition by Friday, May 10, 2013.

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At the time appointed for hearing, the Court will, in its discretion, consider Defendants’

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Motion for Summary Judgment pursuant to FED.R.CIV.P. 56 as submitted on the papers, and will

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issue its written opinion soon thereafter. See S. D. CAL. CIVLR 7.1(d)(1). Thus, unless

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otherwise requested and ordered, no appearances are required on May 17, 2013, and no oral

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argument will be heard.

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IT IS SO ORDERED.

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DATED: March 20, 2013

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BARRY TED MOSKOWITZ, Chief Judge
United States District Court

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11cv1079 BTM (PCL)