Russell v. Lopez et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
KARL J. RUSSELL,
Case No. 15-cv-02280-BAS-KSC
ORDER FOR PLAINTIFF TO
RESPOND TO DEFENDANTS’
[ECF Nos. 78, 79]
RICHARD LOPEZ, et al.,
Defendants D. Doren, Richard Lopez, and Bill Strong have filed a Motion for
Summary Judgment for Failure to Exhaust Administrative Remedies (ECF No. 78)
and a Motion to Dismiss (ECF No. 79).
In light of Defendants’ motion for summary judgment, the Court advises
Plaintiff to read the following warning, required by Rand v. Rowland, 154 F.3d 952,
962-63 (9th Cir. 1998):
The defendants have made a motion for summary judgment by which
they seek to have your case dismissed. A motion for summary judgment
under Rule 56 of the Federal Rules of Civil Procedure will, if granted,
end your case. Rule 56 tells you what you must do in order to oppose a
motion for summary judgment. Generally, summary judgment must be
granted when there is no genuine issue of material fact—that is, if there
is no real dispute about any fact that would affect the result of your case,
the party who asked for summary judgment is entitled to judgment as a
matter of law, which will end your case. When a party you are suing
makes a motion for summary judgment that is properly supported by
declarations (or other sworn testimony), you cannot simply rely on what
your complaint says.
declarations, depositions, answers to interrogatories, or authenticated
documents, as provided in Rule 56, that contradict the facts shown in the
defendant’s declarations and documents and show that there is a genuine
issue of material fact for trial. If you do not submit your own evidence
in opposition, summary judgment, if appropriate, may be entered against
you. If summary judgment is granted, your case will be dismissed and
there will be no trial
Instead, you must set out specific facts in
Because no briefing schedule is currently set, the Court ORDERS Plaintiff
Karl Russell to file responses to Defendants’ motions (ECF Nos. 78, 79) no later
than November 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.
IT IS SO ORDERED.
DATED: October 16, 2017
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