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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 15cv1871-LAB (BLM)

TONY ROBERTS,

KLINGELE NOTICE AND SCHEDULING
ORDER RE DEFENDANTS’ SUMMARY
JUDGMENT MOTION

Plaintiff,

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v.

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S. HENSLEY, et al.,

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Defendants.

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On July 27, 2017, Defendants filed a motion for summary judgment. ECF No. 61. The

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following notice is required pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en

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banc), cert. denied, 527 U.S. 1035 (1999) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir.

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1998), for all parties proceeding pro se.

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NOTICE

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

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in their summary judgment motion. ECF No. 61. The Court will consider the motion after giving

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you notice and opportunity to be heard. A motion for summary judgment under Rule 56 of the

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Federal Rules of Civil 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 do in order to

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oppose a motion for summary judgment. Generally, summary judgment must be granted when

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there is no genuine issue of material fact – that is, if there is no real dispute about any fact that

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would affect the result 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 summary judgment

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and their position is properly supported by declarations (or other sworn testimony), you cannot

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simply reply by restating what your complaint says. Instead, you must set out specific facts in

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15cv1871-LAB (BLM)

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declarations, depositions, answers to interrogatories, or authenticated documents 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 requiring trial. If you do not submit your own evidence in

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opposition, summary judgment, if appropriate, may be entered against you.

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judgment is granted, your case will be dismissed and there will be no trial.

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If summary

BRIEFING SCHEDULE
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, to the matters

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raised by Defendants’ summary judgment motion [ECF No. 61] by September 11, 2017. If

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you do not wish to oppose Defendants’ motion, you should file and serve a “Notice of Non-

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Opposition” by that same date to let 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 September 25, 2017.
3.

A hearing is set for October 2, 2017 at 10:00 a.m. in Courtroom 3A. Upon

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completion of the briefing, the Court will take the matter under submission pursuant to Civil

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Local Rule 7.1(d)(1) and no personal appearances on the October 2, 2017 hearing date should

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be made.

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IT IS SO ORDERED.

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Dated: 7/27/2017

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15cv1871-LAB (BLM)