Russell v. Lopez et al

Filing 80

ORDER for Plaintiff to Respond to Defendants' Motions. The Court orders plaintiff Karl Russell to file responses to Defendants' motions (ECF Nos. 78 , 79 ) no later than 11/20/2017. Defendants may file a reply to each of Plaintiff's respective responses no later than 14 days from their entry on the docket. Signed by Judge Cynthia Bashant on 10/16/2017.(All non-registered users served via U.S. Mail Service)(mxn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KARL J. RUSSELL,

Case No. 15-cv-02280-BAS-KSC
Plaintiff,

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ORDER FOR PLAINTIFF TO
RESPOND TO DEFENDANTS’
MOTIONS

v.

[ECF Nos. 78, 79]

RICHARD LOPEZ, et al.,

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Defendants.

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Defendants D. Doren, Richard Lopez, and Bill Strong have filed a Motion for

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Summary Judgment for Failure to Exhaust Administrative Remedies (ECF No. 78)

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and a Motion to Dismiss (ECF No. 79).

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In light of Defendants’ motion for summary judgment, the Court advises

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Plaintiff to read the following warning, required by Rand v. Rowland, 154 F.3d 952,

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962-63 (9th Cir. 1998):

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The defendants have made a motion for summary judgment by which

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they seek to have your case dismissed. A motion for summary judgment

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under Rule 56 of the Federal Rules of Civil Procedure will, if granted,

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end your case. Rule 56 tells you what you must do in order to oppose a

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motion for summary judgment. Generally, summary judgment must be
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granted when there is no genuine issue of material fact—that is, if there

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is no real dispute about any fact that would affect the result of your case,

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the party who asked for summary judgment is entitled to judgment as a

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

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makes a motion for summary judgment that is properly supported by

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declarations (or other sworn testimony), you cannot simply rely on what

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your complaint says.

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declarations, depositions, answers to interrogatories, or authenticated

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documents, as provided in Rule 56, that contradict the facts shown in the

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defendant’s declarations and documents and show that there is a genuine

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issue of material fact for trial. If you do not submit your own evidence

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in opposition, summary judgment, if appropriate, may be entered against

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you. If summary judgment is granted, your case will be dismissed and

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there will be no trial

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Instead, you must set out specific facts in

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Because no briefing schedule is currently set, the Court ORDERS Plaintiff

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Karl Russell to file responses to Defendants’ motions (ECF Nos. 78, 79) no later

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than November 20, 2017. Defendants may file a reply to each of Plaintiff’s

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respective responses no later than 14 days from their entry on the docket.

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IT IS SO ORDERED.
DATED: October 16, 2017

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