Arellano v. Sedighi et al

Filing 81

ORDER: (1) Providing Notice of Motion for Summary Judgment Pursuant to Klingele v. Eikenberry and Rand v. Rowland (2) Vacating Hearing Date (3) Setting Briefing Schedule on Motion for Summary Judgment. Responses due by 5/11/2020, Replies due by 5/18/2020. Signed by Magistrate Judge Bernard G. Skomal on 4/15/2020.(All non-registered users served via U.S. Mail Service)(jrm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Raul ARELLANO,,

Case No.: 3:15-cv-02059-AJB-BGS
Plaintiff,

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v.

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ORDER:
(1) PROVIDING NOTICE OF
MOTION FOR SUMMARY
JUDGMENT PURSUANT TO
KLINGELE v. EIKENBERRY
AND RAND v. ROWLAND
(2) VACATING HEARING DATE
(3) SETTING BRIEFING
SCHEDULE ON MOTION
FOR SUMMARY JUDGMENT

SEDIGHI, et al.,
Defendants.

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NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT

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This notice is required to be given to you 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 v.

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Eikenberry, 849 F.2d 409 (9th Cir. 1988):

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Defendants Sedighi, et al., have filed a motion for summary judgment in your case

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under Rule 56 of the Federal Rules of Civil Procedure. If the motion is granted, it will

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end your case.

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3:15-cv-02059-AJB-BGS

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Defendants filed the Motion for Summary Judgment on April 13, 2020 with a

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hearing date of June 15, 2020. There is no right to an oral hearing on a motion for

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summary judgment. Under Local Rule 7.1(d)(1), the Court has the right to make a

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decision by reading the papers filed and not hearing any oral argument. Accordingly, the

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June 15, 2020 hearing date is VACATED.

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Your opposition (including any supporting papers) must be filed with the court and

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served by you on the Defendants by May 11, 2020. If you do not wish to oppose

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Defendants’ Motion, you should file and serve a “Notice of Non-Opposition” by that

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same date to let the Court know that Defendants’ Motion is unopposed. If you do file and

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serve an Opposition, Defendants must file papers in reply to your papers, and those

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papers have to be filed by Defendants with the court and served on you by May 18, 2020.

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Rule 56 tells you what you must do in order to oppose a Motion for Summary

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Judgment. Generally, summary judgment must be granted when there is no genuine issue

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of material fact—that is, if there is no real dispute about any fact that would affect the

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result of your case, the party who asked for summary judgment is entitled to judgment as

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a matter of law, which will end your case. When a party you are suing makes a motion

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for summary judgment that is properly supported by declarations (or other sworn

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testimony), you cannot simply rely on what your complaint says. Instead, you must set

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out specific facts in affidavits or declarations, depositions, admissions, answers to

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interrogatories, or other authenticated documents, as provided by Rule 56(c), that

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

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fact is genuinely disputed and requires 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 end in favor of Defendants and there will be no trial.

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IT IS SO ORDERED.
Dated: April 15, 2020

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3:15-cv-02059-AJB-BGS