Rivers v. Time Warner Cable Inc.

Filing 27

ORDER, Set/Reset Deadlines as to 21 MOTION for Summary Judgment .(Responses due by 5/22/2012.). Signed by Magistrate Judge David S. Cayer on 05/08/2012. (Pro se litigant served by US Mail.)(blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-146-RJC-DSC
CHRISTINE RIVERS,
Plaintiff,
v.
TIME WARNER CABLE INC.,
Defendant.

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ORDER

THIS MATTER is before the Court on its own motion following the filing of the
Defendant’s Motion for Summary Judgment, (Doc. No. 21).
In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the Court advises
the Plaintiff, who is proceeding pro se, of the heavy burden that she carries in responding to the
Defendant’s Motion for Summary Judgment.
Summary judgment shall be granted “if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to judgment as a matter of law.” FED . R. CIV . P.
56(a). A factual dispute is genuine “if the evidence is such that a reasonable jury could return a
verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A
fact is material only if it might affect the outcome of the suit under governing law. Id.
The movant has the “initial responsibility of informing the district court of the basis for its
motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any, which it believes demonstrate the absence
of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (internal
citations omitted).

Once this initial burden is met, the burden shifts to the nonmoving party. The nonmoving
party “must set forth specific facts showing that there is a genuine issue for trial.” Id. at 322 n.3.
The nonmoving party may not rely upon mere allegations or denials of allegations in his pleadings
to defeat a motion for summary judgment. Id. at 324. The nonmoving party must present sufficient
evidence from which “a reasonable jury could return a verdict for the nonmoving party.” Anderson,
477 U.S. at 248; accord Sylvia Dev. Corp. v. Calvert Cnty., Md., 48 F.3d 810, 818 (4th Cir. 1995).
If the Plaintiff has any evidence to offer to show that there is a genuine issue for trial, she
must now present it to this Court in a form which would otherwise be admissible at trial, i.e., in the
form of affidavits or unsworn declarations. Federal Rule of Civil Procedure 56(c) provides that:
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is
genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions,
documents, electronically stored information, affidavits or declarations, stipulations
(including those made for purposes of the motion only), admissions, interrogatory
answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a
genuine dispute, or that an adverse party cannot produce admissible evidence to
support the fact.
(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may
object that the material cited to support or dispute a fact cannot be presented in a
form that would be admissible in evidence.
(3) Materials Not Cited. The court need consider only the cited materials, but it may
consider other materials in the record.
(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose
a motion must be made on personal knowledge, set out facts that would be
admissible in evidence, and show that the affiant or declarant is competent to testify
on the matters stated.
An affidavit is a written statement under oath; that is, a statement prepared in writing and
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sworn before a notary public. An unsworn statement, made and signed under the penalty of perjury,
may also be submitted. Affidavits or statements must be presented by Plaintiff to this Court no later
than fourteen (14) days from the date of this Order, and must be filed in duplicate. The Plaintiff’s
failure to respond may result in the Defendant being granted the relief it seeks by way of summary
judgment, that is, the dismissal of the Complaint with prejudice.
IT IS, THEREFORE, ORDERED that:
1.

The pro se Plaintiff shall have fourteen (14) days from the date of this Order, to file
her response, including any evidence, to the Defendant’s Motion for Summary
Judgment; and

2.

The Clerk is directed to send copies of this Order and Notice to counsel for the
Defendant; and to the pro se Plaintiff, that is, Christine Rivers, 7710 Kotz Court,
Apt. 436, Charlotte, North Carolina 28269.

Signed: May 8, 2012

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