VAN DURR v. GEITHNER et al

Filing 8

ORDER TO ANSWER AND NOTICE TO PLAINTIFF re 7 FIRST AMENDED COMPLAINT against TIMOTHY FRANZ GEITHNER filed by WINZOIR VAN DURR: Clerk to serve copy of 2nd Amended Complaint & this Order on US Atty, US Atty Gen, and TIMOTHY FRANZ G EITHNER, US Dept of Treasury. Dft shall have 60 days from date of service to respond. If Dft files a motion to dismiss (or for summary judgment), Pla shall have 20 days to respond. Signed by MAGISTRATE JUDGE GARY R JONES on 1/9/2012. (jws) (Complaint and order sent to US Atty, US Atty General & Def via certified, registered mail.) Signed by MAGISTRATE JUDGE GARY R JONES on 1/9/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
WINZOIR VAN DURR,
Plaintiff,
v.

CASE NO. 1:11-cv-227-MP-GRJ

TIMOTHY FRANZ GEITHNER,
Defendant.
____________________________/
ORDER TO ANSWER AND NOTICE TO PLAINTIFF
This matter is before the Court on Doc. 13, Plaintiff’s First Amended Complaint.
Plaintiff, proceeding pro se and in forma pauperis, contends that his former employer,
the Department of the Treasury, discriminated against him because of a disability.
The Clerk shall serve the United States by sending a copy of the First Amended
Complaint (Doc. 13) and this Order by registered or certified mail to the civil process
clerk at the office of the United States Attorney for the Northern District of Florida,
Gainesville Division, and by sending a copy of the First Amended Complaint and this
Order by registered or certified mail to the Attorney General of the United States,
Washington, D.C. The Clerk shall also send a copy of the First Amended Complaint
and this Order by registered or certified mail to Timothy Franz Geithner, U.S.
Department of the Treasury, Washington, D.C. The Defendant shall have SIXTY (60)
DAYS from the date of service of process in which to answer or otherwise respond to
the First Amended Complaint.
Before counsel has appeared for Defendant, Plaintiff shall send to Defendant a
copy of every further pleading, motion, or other paper filed by Plaintiff in this case. After

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counsel has appeared for Defendant, the copy shall be sent directly to counsel for
Defendant, rather than to the Defendant personally. Plaintiff shall include with each
pleading, motion, or other paper submitted to be filed a certificate stating the date that
an accurate copy of the pleading, motion, or other paper was mailed to Defendant or
counsel for Defendant. If any pleading, motion, or other paper submitted to be filed and
considered by the Court does not include a certificate of service upon Defendant or
counsel for Defendant, it will be stricken by the Court.
Plaintiff shall immediately advise the Court of any change of address. He shall
entitle the paper "Notice to the Court of Change of Address" and not include any
motions in it. This notice shall contain only information pertaining to the address
change and the effective date of such.
Both parties shall insure that all exhibits accompanying any pleadings which they
submit to the Court shall be individually marked for identification and a table of contents
or index shall be included to aid the Court in location of such documentary exhibits.
If Defendant files a motion to dismiss, Plaintiff shall have TWENTY (20) DAYS to
file his response to the motion to dismiss. Pro se Plaintiff is advised out of an
abundance of caution1 that the granting of this motion would represent an adjudication
of this case which may foreclose subsequent litigation on the matter. If Defendant files
a motion to dismiss that is supported by affidavits or other documents, the Court will
construe the motion to dismiss as a motion for summary judgment, and Plaintiff shall

1

See Griffith v. Wainwright, 772 F.2d 822 (11th Cir. 1985), and Milburn v. United
States, 734 F.2d 762 (11th Cir. 1984) wherein the Court expressed concern about pro se
litigants in summary judgment cases.
Case No: 1:11-227-MP-GRJ

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have TWENTY (20) DAYS to file his response. If Defendant files a motion for summary
judgment, Plaintiff shall have TWENTY (20) DAYS to file his response. In preparing a
response to a motion to dismiss (construed as a motion for summary judgment), or a
motion for summary judgment, Plaintiff should be aware of the provisions of Rule 56 of
the Federal Rules of Civil Procedure.
Rule 56 provides that when a motion for summary judgment is supported by
affidavits and/or other documents, the party opposing the motion may not depend upon
the mere allegations in his pleadings to counter it. Pursuant to Rule 56, the party
opposing the motion must respond with counter sworn affidavits and/or documents to
set forth specific facts showing that there is a genuine issue of material fact in dispute.
If the opposing party fails to respond to the motion or responds, but the response does
not comply with the requirements of Rule 56 as stated above, the Court may declare
that the facts in the affidavits and/or documents supporting the motion are established
as true and that there is no genuine issue of material fact in dispute. In that event, if
the applicable law allows, the party or parties who filed the motion will be entitled to
have the motion granted and final judgment entered in his/their favor based upon the
pleadings, affidavits, and other documentation. If the motion is granted, there will be no
trial, and the case will be terminated in this Court.
DONE AND ORDERED this 9th day of January 2012.

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

Case No: 1:11-227-MP-GRJ