Mahone v. Pierce County et al

Filing 59

ORDER PROVIDING RAND NOTICE AND RE-NOTING 53 MOTION TO DISMISS signed by Judge Karen L Strombom. Re-noting date: 7/24/2015. Plaintiffs response to the motion is due on July 20, 2015 and Defendants reply is due on July 24, 2015.(MET) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SYLVESTER JAMES MAHONE,
Plaintiff,

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No. C14-5665 BHS-KLS

v.
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PIERCE COUNTY, PAUL PASTOR, TONY
GENGA, GEORGE WASSON, TERRY
REMBERT, JESSE BOYLE, SCOTT
KASTEN, ILSOP LEE,

ORDER PROVIDING RAND NOTICE
AND RE-NOTING MOTION TO
DISMISS AND/OR SUMMARY
JUDGMENT

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Defendants.
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On June 15, 2015, Defendants filed a “motion to dismiss under FRCP 12(c) and/or FRCP

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56.” Dkt. 53. Defendants move for judgment on the pleadings and/or for summary judgment.

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Id. Attached to the motion are documents and evidence outside of the pleadings. Id.

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The Ninth Circuit Court of Appeals requires pro se prisoner-plaintiffs to be given “notice
of what is required of them in order to oppose” summary judgment motions at the time of filing
of the motion. Woods v. Carey, 684 F.3d 934, 935, 940–41 (9th Cir. 2012) (emphasis added).

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The notice requirement set forth in Woods applies to all pending and future cases. Id. at 941. At
the time of filing his complaint, Plaintiff was a prisoner. He has since been released from

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custody. Defendant did not serve Plaintiff with notice consistent with Woods and in accordance

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with the holding of Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). Out of an abundance

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of caution, the Court provides Plaintiff with the Woods notice as follows:
ORDER - 1

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Plaintiff is advised that a motion for summary judgment under Rule 56 of the Federal
Rules of Civil Procedure will, if granted, end your case.
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, depositions, 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.
Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (emphasis added).

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Further, it is ORDERED:
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(1)

The Clerk of Court shall re-note Defendants’ motion to dismiss and/or for

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summary judgment (Dkt. 53) for July 24, 2015. Thus, Plaintiff’s response to the motion is due

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on July 20, 2015 and Defendants’ reply is due on July 24, 2015.

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(2)

The Clerk shall send a copy of this Order to Plaintiff and to counsel for

Defendants.
DATED this 1st day of July, 2015.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2