United States District Court, N.D. California
SECOND ORDER OF SERVICE; DENYING APPOINTMENT OF
COUNSEL; AMENDING PRIOR ORDER (ECF, 24)
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
an inmate at North Kern State Prison, filed this civil rights
case under 42 U.S.C. 1983 alleging that he fell down stairs
while housed at the Monterey County Jail due to
defendants' failure provide him adequate medical care and
to take adequate safety precautions. One of the
defendant's named in the original complaint has settled,
and another was dismissed. The third, Dr. Garcia, was served
in June 2017, but has not yet appeared. Plaintiff has filed
an amended complaint (ECF No. 26) naming Dr. Garcia and the
County of Monterey as defendants. When liberally construed,
the amended complaint states cognizable claims against both
Dr. Garcia and the County of Monterey.
cause appearing, it is hereby ordered as follows:
clerk shall issue summons and the United States Marshal shall
serve, without prepayment of fees, a copy of the AMENDED
COMPLAINT (ECF No. 26) with all attachments thereto, and a
copy of this order upon defendant the County of
Monterey. A courtesy copy of the AMENDED COMPLAINT
(ECF No. 26) with attachments and this order shall also be
mailed to the Monterey County Counsel's Office.
Defendants Garcia and the County of Monterey (hereinafter
“defendants”) shall file an
answer in accordance with the Federal Rules of Civil
order to expedite the resolution of this case:
a. No later than 91 days from the date this
order is filed, defendants shall file a motion for summary
judgment or other dispositive motion. If defendants are of
the opinion that this case cannot be resolved by summary
judgment, they shall so inform the court prior to the date
the summary judgment motion is due. All papers filed with the
court shall be promptly served on the plaintiff.
b. Plaintiff's opposition to the dispositive motion, if
any, shall be filed with the court and served upon defendants
no later than 28 days from the date of
service of the motion. Plaintiff must read the attached page
headed “NOTICE -- WARNING, ” which is provided to
him pursuant to Rand v. Rowland, 154 F.3d 952,
953-954 (9th Cir. 1998) (en banc), and Klingele v.
Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).
c. Defendants shall file a reply brief no
later than 14 days after the date of service
of the opposition.
d. The motion shall be deemed submitted as of the date the
reply brief is due. No hearing will be held on the motion
unless the court so orders at a later date.
e. Along with his motion, defendants shall proof that they
served plaintiff the Rand warning at the same time
they served him with their motion. Failure to do so will
result in the summary dismissal of their motion.
communications by the plaintiff with the court must be served
on defendants, or defendants' counsel once counsel has
been designated, by mailing a true copy of the document to
defendants or defendants' counsel.
Discovery may be taken in accordance with the Federal Rules
of Civil Procedure. No further court order under Federal Rule
of Civil Procedure 30(a)(2) or Local Rule 16-1 is required
before the parties may conduct discovery.
is the plaintiff's responsibility to prosecute this case.
Plaintiff must keep the court informed of any change of
address and must comply with the court's orders in a
timely fashion. Failure to do so may result in the dismissal
of this action ...