Jourdain v. Service Employees International Union Local 1199

Filing 28

ORDER REGULATING PROCEEDINGS: NOTICE TO PRO SE LITIGANT; On March 10, 2010, Defendant Service Employees International Union Local 1199 moved to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for summary ju dgment under Rule 56. If Plaintiff does not respond to the motion on time with affidavits or documentary evidence contradicting the facts asserted by Defendant, the Court may accept Defendant's factual assertions as true. Judgment may then be en tered in Defendant's favor without a trial. Plaintiff may direct questions to the Pro Se Office. Plaintiff shall file his opposition to Defendant's motion by Friday, April 23, 2010. Defendant shall file its reply by Friday, May 7, 2010. (Signed by Judge Alvin K. Hellerstein on 4/1/2010) (tro)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------------- x : : GERONIMO JOURDAIN, : : Plaintiff, : : -against: : SERVICE EMPLOYEES INTERNATIONAL UNION : LOCAL 1199 (UNITED HEALTHCARE WORKERS : EAST), NEW YORK PRESBYTERIAN HOSPITAL, : : Defendants. : --------------------------------------------------------------------- x ALVIN K. HELLERSTEIN, U.S.D.J.: ORDER REGULATING PROCEEDINGS 09 Civ. 1942 (AKH) NOTICE TO PRO SE LITIGANT On March 10, 2010, Defendant Service Employees International Union Local 1199 moved to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for summary judgment under Rule 56. This means that Defendant has asked the Court to decide the case without a trial, based on the written materials that it has submitted. Since Defendant has moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, the claims asserted in the complaint may be dismissed without a trial if Plaintiff does not respond to this motion by filing sworn affidavits or other papers as required by Rule 56(e). An affidavit is a sworn statement of fact based on personal knowledge that would be admissible in evidence at trial. The full text of Rule 56 of the Federal Rules of Civil Procedure is attached. In short, Rule 56 provides that Plaintiff, in opposing Defendant's motion, may not simply rely on the allegations in the complaint. Rather, Plaintiff must submit evidence, 1

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