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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KARL J. RUSSELL, Case No. 15-cv-02280-BAS-KSC Plaintiff, 12 13 14 ORDER FOR PLAINTIFF TO RESPOND TO DEFENDANTS’ MOTIONS v. [ECF Nos. 78, 79] RICHARD LOPEZ, et al., 15 Defendants. 16 17 Defendants D. Doren, Richard Lopez, and Bill Strong have filed a Motion for 18 Summary Judgment for Failure to Exhaust Administrative Remedies (ECF No. 78) 19 and a Motion to Dismiss (ECF No. 79). 20 In light of Defendants’ motion for summary judgment, the Court advises 21 Plaintiff to read the following warning, required by Rand v. Rowland, 154 F.3d 952, 22 962-63 (9th Cir. 1998): 23 24 The defendants have made a motion for summary judgment by which 25 they seek to have your case dismissed. A motion for summary judgment 26 under Rule 56 of the Federal Rules of Civil Procedure will, if granted, 27 end your case. Rule 56 tells you what you must do in order to oppose a 28 motion for summary judgment. Generally, summary judgment must be –1– 15cv2280 1 granted when there is no genuine issue of material fact—that is, if there 2 is no real dispute about any fact that would affect the result of your case, 3 the party who asked for summary judgment is entitled to judgment as a 4 matter of law, which will end your case. When a party you are suing 5 makes a motion for summary judgment that is properly supported by 6 declarations (or other sworn testimony), you cannot simply rely on what 7 your complaint says. 8 declarations, depositions, answers to interrogatories, or authenticated 9 documents, as provided in Rule 56, that contradict the facts shown in the 10 defendant’s declarations and documents and show that there is a genuine 11 issue of material fact for trial. If you do not submit your own evidence 12 in opposition, summary judgment, if appropriate, may be entered against 13 you. If summary judgment is granted, your case will be dismissed and 14 there will be no trial 15 Instead, you must set out specific facts in * * * 16 Because no briefing schedule is currently set, the Court ORDERS Plaintiff 17 Karl Russell to file responses to Defendants’ motions (ECF Nos. 78, 79) no later 18 than November 20, 2017. Defendants may file a reply to each of Plaintiff’s 19 respective responses no later than 14 days from their entry on the docket. 20 21 IT IS SO ORDERED. DATED: October 16, 2017 22 23 24 25 26 27 28 –2– 15cv2280

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