AYCOX v. GOMEZ et al

Filing 64

SUMMARY JUDGMENT NOTICE: Parties shall file responses in opposition to the 52 , 63 cross-motions for summary judgment. (Internal deadline for referral to judge if response not filed earlier: 12/6/2012).). Signed by MAGISTRATE JUDGE GARY R JONES on 11/6/2012. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RICHARD AYCOX,
Plaintiff,
v.

CASE NO. 1:10-cv-51-SPM-GRJ

CITY OF GAINESVILLE,
Defendant.
_____________________________/
SUMMARY JUDGMENT NOTICE
This case is before the Court on Doc. 52, Defendant’s motion for summary
judgment, and Doc. 63, Plaintiff’s motion for summary judgment. Because Plaintiff is
proceeding pro se, he is advised of the following with respect to the motions. The Court
will decide each motion on the basis of the motion, the response, and any evidentiary
materials filed by the parties. The response and any supporting evidentiary materials
(counter-affidavits, depositions, exhibits, etc.) must be filed with the Clerk within 30
days from the date of this Order. The Court will take the motions under advisement
after the expiration of 30 days, and will thereafter issue a report recommending
disposition of the motions.
If the Court grants Defendant’s motion for summary judgment, such decision
would be a final decision of the Court in favor of Defendant. As a result of such final
decision, there would be no trial or other proceedings in this case, and the Plaintiff
would likely be precluded from later litigating this matter or any related matters.
Therefore, the Plaintiff is further advised: (1) failing to respond to the Defendant’s
summary judgment motion will indicate that the motion is not opposed; (2) all material

facts asserted in the motion will be considered admitted unless controverted by proper
evidentiary materials (counter-affidavits, depositions, exhibits, etc.); and (3) Plaintiff
may not rely solely on the allegations of the issue pleadings (e.g., complaint, answer,
etc.) in opposing the summary judgment motion. See Griffith v. Wainwright, 772 F.2d
822,825 (11th Cir. 1985).
Accordingly, it is ORDERED:
The parties shall file their responses in opposition to the cross-motions for
summary judgment, Docs. 52 and 63, on or before December 6, 2012.
DONE AND ORDERED this 6th day of November 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:10-cv-00051-SPM-GRJ