United States District Court, S.D. California
ORDER: (1) DIRECTING PLAINTIFF TO FILE AMENDED
OPPOSITION BRIEF [DKT. No. 49.] (2) RESETTING BRIEFING
SCHEDULE [DKT. No. 48.] (3) DENYING AS MOOT PLAINTIFF'S
MOTION TO QUASH [DKT. NO. 47]
Gonzalo P. Curiel United States District Judge
September 21, 2017, Defendant ADT LLC, d/b/a ADT Security
Services, filed an Amended Motion for Summary Judgment
following the Court's order to re-serve Defendant. Dkt.
Nos. 48, 49. On October 12, 2017, Plaintiff filed his
Opposition to Defendant's Motion for Summary Judgment.
Dkt. No. 55.
November 3, 2017, Defendant filed its Reply asserting that
Plaintiff had (1) filed an Opposition that exceeded the
allotted page limits as specified in the Civil Local Rules
and (2) had failed to file an affidavit or declaration to
support the facts that Plaintiff uses to oppose
Defendant's Motion. Dkt. No. 56. Plaintiff asks that the
Court accept all facts presented in Defendant's Motion as
undisputed or in the alternative order Plaintiff to file an
Opposition in compliance with the Civil Local Rules and the
affidavit/declaration requirements of the Federal Rules of
Plaintiff is directed to file an amended opposition that
conforms with the Civil Local Rules for the Southern District
of California. See Civil Local Rule 7.1(h)
(“Briefs or memoranda in support of or in opposition to
all motions noticed for the same motion day must not exceed a
total of twenty-five (25) pages in length, per
the Court observes that plaintiff has not supported the
factual contentions in his brief with supporting declarations
or affidavits. Federal Rule 56(e)(4) authorizes federal
courts to issue “any . . . appropriate order”
when a non-moving party has failed to oppose a summary
judgment motion properly. The advisory notes to that Rule
state that such orders “should be designed to encourage
proper presentation of the record.” Fed.R.Civ.P.
56(e)(4), Advisory Committee Notes, 2010 Amendments. Further,
courts may “take extra care with pro se litigants,
advising them of the need to respond [to a motion for summary
judgment] and the risk of losing by summary judgment if an
adequate response is not filed.” Id.
the Court will take this opportunity to provide Plaintiff
with notice of what is required to oppose a motion for
summary judgment. Accordingly, the Court provides the
following notice to Plaintiff for their information in
connection with Defendants' motion for partial summary
Defendant is making a motion for summary judgment under Rule
56 of the Federal Rules of Civil Procedure which, if granted,
will end your case as to the issues noticed by Defendant by
granting judgment in favor of Defendant. 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. 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 in Rule 56(c). The
evidence in those documents must 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 as to
the issues Defendant is challenging.
See Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir.
1998) (with alterations) (emphasis added).
provided this notice to Plaintiff, the Court hereby
STRIKES Plaintiff's Opposition to
Defendant's Motion for Summary Judgment (Dkt. No. 55).
Defendant's motion remains undisturbed and shall not be
refiled or amended.
shall file any amended opposition brief no later than
Friday, December 1, 2017. This brief shall
not exceed 25 pages. Further, Plaintiff shall include in any
amended opposition a revised separate statement of material
facts that includes citations to sworn affidavits or
declarations. Defendant shall file any reply to an amended
opposition no later than Friday, December 15,
Court CONTINUES the hearing set for December
8, 2017 at 1:30 p.m. That hearing is now scheduled for
January 19, 2018 at 1:30 p.m. in Courtroom
the Court DENIES AS MOOT Plaintiff's
Motion to Quash Defendant's Service of Summons (Dkt. No.
47). Pursuant to the Court's Order dated September 20,
2017, Defendants served Plaintiff with an Amended Motion for
Summary Judgment on September 21, 2017, thus rendering
Plaintiff's motion moot. See Dkt. No. 49.