Buchanan v. Garikaparthi et al

Filing 49

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17
18

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]

19
20
21
22
23

On June 27, 2017, Defendants filed a motion for summary judgment

24

(“MSJ”), with a hearing date of August 28, 2017. (ECF No. 48). The Court

25

hereby VACATES the August 28, 2017, hearing, enters the following

26

Briefing Schedule on the summary judgment motion, and enters the following

27

Amended Scheduling Order concerning upcoming pretrial dates.
1
15cv59-BEN-MDD

MSJ BRIEFING SCHEDULE

1
2
3
4

The Court hereby ORDERS the parties to file briefs and supporting
papers and evidence as follows:
1.

Plaintiff may file and serve his opposition, including any evidence,

5

to the matters raised by Defendants’ summary judgment motion (ECF No.

6

48) by August 4, 2017. If you do not wish to oppose Defendants’ motion, you

7

should file and serve a “Notice of Non-Opposition” by that same date to let

8

the Court know that Defendants’ motion is unopposed.

9
10

2.

If you do file and serve an opposition, Defendants must file and

serve their reply to your opposition by August 18, 2017.

11
12
13

KLINGELE NOTICE
The following notice is required pursuant to Rand v. Rowland, 154 F.3d

14

952 (9th Cir. 1998) (en banc), cert. denied, 527 U.S. 1035 (1999) and Klingele

15

v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), for all parties proceeding pro se:

16

Defendants in this case have moved the Court to enter judgment for the

17

reasons raised in their summary judgment motion. (ECF No. 48). The Court

18

will consider the motion after giving you notice and opportunity to be heard.

19

A motion for summary judgment under Rule 56 of the Federal Rules of Civil

20

Procedure will, if granted, end your case.

21

Rule 56 of the Federal Rules of Civil Procedure tells you what you must

22

do in order to oppose a motion for summary judgment. Generally, summary

23

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

25

of your case – and where the party who asked for summary judgment is

26

entitled to judgment as a matter of law. When a party you are suing seeks

27

summary judgment and their position is properly supported by declarations
2
15cv59-BEN-MDD

1

(or other sworn testimony), you cannot simply reply by restating what your

2

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

3

depositions, answers to interrogatories, or authenticated documents that

4

contradict the facts shown in the Defendants’ declarations and documents

5

and show that there is a genuine issue of material fact requiring trial. If you

6

do not submit your own evidence in opposition, summary judgment, if

7

appropriate, may be entered against you. If summary judgment is granted,

8

your case will be dismissed and there will be no trial.

9
AMENDED SCHEDULING ORDER

10
11

The Court hereby ORDERS as follows:

12

1.

For bench trials before the Honorable Roger T. Benitez, the

13

parties shall file their Memoranda of Contentions of Fact and Law and take

14

any other action required by Civil Local Rule 16.1(f)(2) by October 9, 2017.

15

In jury trial cases before the Honorable Roger T. Benitez, neither party,

16

unless otherwise ordered by the Court, is required to file Memoranda of

17

Contentions of Fact and Law pursuant to Civil Local Rule 16.1(f)(2).

18

2.

The parties shall comply with the pre-trial disclosure

19

requirements of Federal Rule of Civil Procedure 26(a)(3) by October 9, 2017.

20

Failure to comply with these disclosure requirements could result in evidence

21

preclusion or other sanctions under Federal Rule of Civil Procedure 37.

22

3.

The parties shall meet and take the action required by Civil Local

23

Rule 16.1(f)(4) by October 16, 2017. At this meeting, the parties shall

24

discuss and attempt to enter into stipulations and agreements resulting in

25

simplification of the triable issues. The parties shall exchange copies and/or

26

display all exhibits other than those to be used for impeachment. The

27

exhibits shall be prepared in accordance with Civil Local Rule 16.1(f)(4)(c).
3
15cv59-BEN-MDD

1

The parties shall note any objections they have to any other parties’ Pretrial

2

Disclosures under Federal Rule of Civil Procedure 26(a)(3). The parties shall

3

cooperate in the preparation of the proposed pretrial conference order.

4

4.

Counsel for Defendants will be responsible for preparing the

5

pretrial order and arranging the meetings of the parties pursuant to Civil

6

Local Rule 16.1(f). By October 23, 2017, Defendants’ counsel must provide

7

Plaintiff with the proposed pretrial order for review and approval. Plaintiff

8

must communicate promptly with Defendants’ attorney concerning any

9

objections to form or content of the pretrial order, and both parties shall

10
11

attempt promptly to resolve their differences, if any, concerning the order.
5.

The Proposed Final Pretrial Conference Order, including

12

objections to any other parties’ Federal Rule of Civil Procedure 26(a)(3)

13

Pretrial Disclosures shall be prepared, served and lodged with the assigned

14

district judge by October 30, 2017, and shall be in the form prescribed in

15

and comply with Civil Local Rule 16.1(f)(6).

16
17
18
19
20
21
22
23

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.
7.

A post trial settlement conference before a magistrate judge may

be held within 30 days of verdict in the case.
8.

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

24
25
26
27
4
15cv59-BEN-MDD