The opinion of the court was delivered by: Peter C. LewisU.S. Magistrate Judge United States District Court
ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
On May 25, 2011, Defendants filed a Motion for Summary Judgment. (Doc. 85.) The motion hearing date is scheduled for July 13, 2011. Plaintiff shall file an opposition to Defendants' motion no later than July 5, 2011. Defendants shall file a reply to Plaintiff's opposition no later than July 11, 2011.
The Court also provides Plaintiff with Notice (described below) regarding the possible effects a Motion for Summary Judgment may have on Plaintiff's case.
This notice is required to be given to Plaintiff pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988):
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, and the party who asked for summary judgment is entitled to judgment as a matter of law, which will end the 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 the complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided by Rule 56(e), that contradict the facts shown in the defendants' 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.
The Court hereby calendars the Motion for hearing on July 13, 2011. Plaintiff's opposition must be filed and served on all parties by July 5, 2011. If Plaintiff does not wish to oppose Defendants' Motion, Plaintiff should file and serve a "Notice of Non-Opposition" by that same date to let the Court know that Defendants' Motion is unopposed. If Plaintiff does file and serve an Opposition, Defendants must file and serve their Reply by July 11, 2011. At the time appointed for hearing, the Court will, in its discretion, consider Defendants' Motion for Summary Judgment pursuant to FED. R. CIV. P. 56 as submitted on the papers. See S.D. CAL. CIV. L. R. 7.1(d)(1). Thus, unless otherwise ordered, no appearances or oral argument will be required.
cc: The Honorable Battaglia All Counsel and parties
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