Richey v. Sykes et al

Filing 20

ORDER granting plaintiff's 15 Motion for Extension of Time; and RENOTING plaintiff's 13 MOTION for Summary Judgment to 9/28/2012. A COPY OF THIS ORDER HAS BEEN MAILED TO PLAINTIFF TODAY. Signed by Hon. Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 THOMAS RICHEY,
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Plaintiff,
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v.
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LISA SYKES, et al.,
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Defendants.
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____________________________________ )

CASE NO. C12-0660-JLR-MAT
ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME
AND RE-NOTING PLAINTIFF’S
SUMMARY JUDGMENT MOTION

This is a civil rights action brought pursuant to 42 U.S.C. § 1983. This matter comes

14 before the Court at the present time on defendants’ motion for an extension of time to file a
15 response to plaintiff’s motion for summary judgment.

The Court, having reviewed

16 defendants’ motion, plaintiff’s response thereto, and the balance of the record, does hereby
17 ORDER as follows:
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(1)

Defendants’ motion for an extension of time to file a response to plaintiff’s

19 motion for summary judgment (Dkt. No. 15) is GRANTED. Defendants’ response, which was
20 incorporated into defendants’ cross-motion for summary judgment, was received by the Court
21 on September 4, 2012 and has been accepted for filing.
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(2)

Plaintiff’s motion for summary judgment (Dkt. No. 13) is RE-NOTED for

ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME
PAGE - 1

01 consideration on September 28, 2012 so that it may be considered at the same time as
02 defendants’ cross-motion for summary judgment.
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(3)

Plaintiff is advised that his response to defendants’ cross-motion for summary

04 judgment must be filed and served not later than September 24, 2012. In accordance with
05 Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), plaintiff is further advised as follows:
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A motion for summary judgment under Rule 56 of the Federal Rules of
Civil Procedure will, if granted, end your case.

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Rule 56 tells you what you must do in order to oppose a motion for
summary judgment. Generally, summary judgment must be granted when
there is no genuine issue of material fact -- that is, if there is no real dispute
about any fact that would affect the result of your case, the party who asked for
summary judgment is entitled to judgment as a matter of law, which will end
your case. When a party you are suing makes a motion for summary judgment
that is properly supported by declarations (or other sworn testimony), you
cannot simply rely on what your complaint says. Instead, you must set out
specific facts in declarations, deposition, answers to interrogatories, or
authenticated documents, as provided in Rule 56(e), that contradict the
facts shown in the defendant’s declarations and documents and show that
there is a genuine issue of material fact for trial. If you do not submit your
own evidence in opposition, summary judgment, if appropriate, may be
entered against you. If summary judgment is granted, your case will be
dismissed and there will be no trial.

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16 Rand v. Rowland, 154 F.3d 952, 962-963 (9th Cir. 1998)(emphasis added).
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(4)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for

18 defendants, and to the Honorable James L. Robart.
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DATED this 11th day of September, 2012.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER GRANTING DEFENDANTS’
MOTION FOR EXTENSION OF TIME
PAGE - 2