Roberts v. Hensley et al

Filing 62

Klingele Notice and Scheduling Order RE Defendants' Summary Judgment Motion. Plaintiff's opposition to Defendants' summary judgment motion [ECF No. 61 ] is due by September 11, 2017. Defendants may file their reply to the opposition by September 25, 2017. A hearing is scheduled for October 2, 2017 at 10:00 AM in Courtroom 3A. Signed by Magistrate Judge Barbara Lynn Major on 7/27/2017.(All non-registered users served via U.S. Mail Service)(lrf)

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1 2 3 UNITED STATES DISTRICT COURT 4 SOUTHERN DISTRICT OF CALIFORNIA 5 6 Case No.: 15cv1871-LAB (BLM) TONY ROBERTS, KLINGELE NOTICE AND SCHEDULING ORDER RE DEFENDANTS’ SUMMARY JUDGMENT MOTION Plaintiff, 7 8 v. 9 S. HENSLEY, et al., 10 Defendants. 11 12 On July 27, 2017, Defendants filed a motion for summary judgment. ECF No. 61. The 13 following notice is required pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en 14 banc), cert. denied, 527 U.S. 1035 (1999) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 15 1998), for all parties proceeding pro se. 16 NOTICE 17 Defendants in this case have moved the Court to enter judgment for the reasons stated 18 in their summary judgment motion. ECF No. 61. The Court will consider the motion after giving 19 you notice and opportunity to be heard. A motion for summary judgment under Rule 56 of the 20 Federal Rules of Civil Procedure will, if granted, end your case. 21 Rule 56 of the Federal Rules of Civil Procedure tells you what you must do in order to 22 oppose a motion for summary judgment. Generally, summary judgment must be granted when 23 there is no genuine issue of material fact – that is, if there is no real dispute about any fact that 24 would affect the result of your case – and where the party who asked for summary judgment is 25 entitled to judgment as a matter of law. When a party you are suing seeks summary judgment 26 and their position is properly supported by declarations (or other sworn testimony), you cannot 27 simply reply by restating what your complaint says. Instead, you must set out specific facts in 28 1 15cv1871-LAB (BLM) 1 declarations, depositions, answers to interrogatories, or authenticated documents that 2 contradict the facts shown in the Defendants’ declarations and documents and show that there 3 is a genuine issue of material fact requiring trial. If you do not submit your own evidence in 4 opposition, summary judgment, if appropriate, may be entered against you. 5 judgment is granted, your case will be dismissed and there will be no trial. 6 7 8 9 If summary BRIEFING SCHEDULE 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, to the matters 10 raised by Defendants’ summary judgment motion [ECF No. 61] by September 11, 2017. If 11 you do not wish to oppose Defendants’ motion, you should file and serve a “Notice of Non- 12 Opposition” by that same date to let the Court know that Defendants’ motion is unopposed. 13 14 15 2. If you do file and serve an opposition, Defendants must file and serve their reply to your opposition by September 25, 2017. 3. A hearing is set for October 2, 2017 at 10:00 a.m. in Courtroom 3A. Upon 16 completion of the briefing, the Court will take the matter under submission pursuant to Civil 17 Local Rule 7.1(d)(1) and no personal appearances on the October 2, 2017 hearing date should 18 be made. 19 IT IS SO ORDERED. 20 21 Dated: 7/27/2017 22 23 24 25 26 27 28 2 15cv1871-LAB (BLM)

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