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Knight v. Monterey County

United States District Court, N.D. California

May 8, 2018

BOBBY RAY KNIGHT, Plaintiff,
v.
MONTEREY COUNTY; DR. ELIUD GARCIA, Defendants.

          SECOND ORDER OF SERVICE; DENYING APPOINTMENT OF COUNSEL; AMENDING PRIOR ORDER (ECF, 24)

          WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

         Plaintiff, 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.

         Good cause appearing, it is hereby ordered as follows:

         1. The 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.

         2. Defendants Garcia and the County of Monterey (hereinafter “defendants”) shall file an answer in accordance with the Federal Rules of Civil Procedure.

         3. In 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.

         4. All 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.

         5. 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.

         6. It 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 ...


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