Buchanan v. Garikaparthi et al
Filing
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Klingele Notice, ORDER Setting Briefing Schedule on Defendants' Summary Judgment Motion, and Amended Scheduling Order. Responses due by 8/4/2017, Replies due by 8/18/2017 re Motion for Summary Judgment. Memorandum of Contentions of Fact and La w due by 10/9/2017. Proposed Pretrial Order due by 10/30/2017. Final Pretrial Conference set for 11/6/2017 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Mitchell D. Dembin on 7/13/2017.(All non-registered users served via U.S. Mail Service)(knb)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 15cv59-BEN-MDD
TORRY BUCHANAN,
Plaintiff,
v.
DR. A. GARIKAPARTHI, DR. S.
ROBERTS,
Defendants.
KLINGELE NOTICE,
ORDER SETTING BRIEFING
SCHEDULE ON DEFENDANTS’
SUMMARY JUDGMENT MOTION,
and
AMENDED SCHEDULING ORDER
[ECF No. 48]
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On June 27, 2017, Defendants filed a motion for summary judgment
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(“MSJ”), with a hearing date of August 28, 2017. (ECF No. 48). The Court
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hereby VACATES the August 28, 2017, hearing, enters the following
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Briefing Schedule on the summary judgment motion, and enters the following
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Amended Scheduling Order concerning upcoming pretrial dates.
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15cv59-BEN-MDD
MSJ BRIEFING SCHEDULE
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The Court hereby ORDERS the parties to file briefs and supporting
papers and evidence as follows:
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Plaintiff may file and serve his opposition, including any evidence,
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to the matters raised by Defendants’ summary judgment motion (ECF No.
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48) by August 4, 2017. If you do not wish to oppose Defendants’ motion, you
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should file and serve a “Notice of Non-Opposition” by that same date to let
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the Court know that Defendants’ motion is unopposed.
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2.
If you do file and serve an opposition, Defendants must file and
serve their reply to your opposition by August 18, 2017.
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KLINGELE NOTICE
The following notice is required pursuant to Rand v. Rowland, 154 F.3d
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952 (9th Cir. 1998) (en banc), cert. denied, 527 U.S. 1035 (1999) and Klingele
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v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), for all parties proceeding pro se:
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Defendants in this case have moved the Court to enter judgment for the
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reasons raised in their summary judgment motion. (ECF No. 48). The Court
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will consider the motion after giving you notice and opportunity to be heard.
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A motion for summary judgment under Rule 56 of the Federal Rules of Civil
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Procedure will, if granted, end your case.
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Rule 56 of the Federal Rules of Civil Procedure tells you what you must
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do in order to oppose a motion for summary judgment. Generally, summary
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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
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of your case – and where the party who asked for summary judgment is
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entitled to judgment as a matter of law. When a party you are suing seeks
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summary judgment and their position is properly supported by declarations
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15cv59-BEN-MDD
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(or other sworn testimony), you cannot simply reply by restating what your
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complaint says. Instead, you must set out specific facts in declarations,
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depositions, answers to interrogatories, or authenticated documents that
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contradict the facts shown in the Defendants’ declarations and documents
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and show that there is a genuine issue of material fact requiring trial. If you
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do not submit your own evidence in opposition, summary judgment, if
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appropriate, may be entered against you. If summary judgment is granted,
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your case will be dismissed and there will be no trial.
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AMENDED SCHEDULING ORDER
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The Court hereby ORDERS as follows:
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1.
For bench trials before the Honorable Roger T. Benitez, the
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parties shall file their Memoranda of Contentions of Fact and Law and take
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any other action required by Civil Local Rule 16.1(f)(2) by October 9, 2017.
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In jury trial cases before the Honorable Roger T. Benitez, neither party,
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unless otherwise ordered by the Court, is required to file Memoranda of
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Contentions of Fact and Law pursuant to Civil Local Rule 16.1(f)(2).
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2.
The parties shall comply with the pre-trial disclosure
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requirements of Federal Rule of Civil Procedure 26(a)(3) by October 9, 2017.
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Failure to comply with these disclosure requirements could result in evidence
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preclusion or other sanctions under Federal Rule of Civil Procedure 37.
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3.
The parties shall meet and take the action required by Civil Local
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Rule 16.1(f)(4) by October 16, 2017. At this meeting, the parties shall
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discuss and attempt to enter into stipulations and agreements resulting in
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simplification of the triable issues. The parties shall exchange copies and/or
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display all exhibits other than those to be used for impeachment. The
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exhibits shall be prepared in accordance with Civil Local Rule 16.1(f)(4)(c).
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15cv59-BEN-MDD
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The parties shall note any objections they have to any other parties’ Pretrial
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Disclosures under Federal Rule of Civil Procedure 26(a)(3). The parties shall
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cooperate in the preparation of the proposed pretrial conference order.
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4.
Counsel for Defendants will be responsible for preparing the
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pretrial order and arranging the meetings of the parties pursuant to Civil
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Local Rule 16.1(f). By October 23, 2017, Defendants’ counsel must provide
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Plaintiff with the proposed pretrial order for review and approval. Plaintiff
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must communicate promptly with Defendants’ attorney concerning any
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objections to form or content of the pretrial order, and both parties shall
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attempt promptly to resolve their differences, if any, concerning the order.
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The Proposed Final Pretrial Conference Order, including
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objections to any other parties’ Federal Rule of Civil Procedure 26(a)(3)
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Pretrial Disclosures shall be prepared, served and lodged with the assigned
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district judge by October 30, 2017, and shall be in the form prescribed in
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and comply with Civil Local Rule 16.1(f)(6).
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6.
The final Pretrial Conference is scheduled on the calendar of the
Honorable Roger T. Benitez on November 6, 2017 at 10:30 a.m.
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A post trial settlement conference before a magistrate judge may
be held within 30 days of verdict in the case.
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No other dates in prior Scheduling Orders in this case are
amended; all deadlines that have already expired remain expired.
IT IS SO ORDERED.
Dated: July 13, 2017
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15cv59-BEN-MDD
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