United States District Court, E.D. California
RAND NOTICE TO PLAINTIFF ORDER DIRECTING PLAINTIFF TO
FILE ANY OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT NO
LATER THAN FEBRUARY 14, 2020
JENNIFER L. THURSTON, UNITED STATES MAGISTRATE JUDGE.
PLAINTIFF ERIK ARELLANO, PRO SE:
is advised, pursuant to Klingele v.
Eikenberry, 849 F.2d 409 (9th Cir. 1988) and
Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), of
the following requirements for opposing the motion for
summary judgment made by defendants pursuant to Rule 56 of
the Federal Rules of Civil Procedure:
a motion is a request for an order for judgment on some or
all of Plaintiff's claims in favor of Defendants without
trial. See Rule 56(b).
Defendants' motion set forth the facts which they contend
are not reasonably subject to dispute and that entitle them
to judgment as a matter of law. See Rule 56(c).
Plaintiff has the right to oppose the motion for summary
judgment. To oppose the motion, plaintiff must show proof of
his or her claims. Plaintiff may agree with the facts set
forth in defendants' motion but argue that defendants are
not entitled to judgment as a matter of law.
Plaintiff may show defendants' facts are disputed in one
or more of the following ways:
a. Plaintiff may rely upon statements made under the penalty
of perjury in the complaint if the complaint shows that
plaintiff has personal knowledge of the matters stated and if
plaintiff calls to the Court's attention those parts of
the complaint upon which plaintiff relies;
b. Plaintiff may also serve and file affidavits or
declarations setting forth the facts which plaintiff believes
prove plaintiff's claims (the persons who sign the
affidavit or declaration must have personal knowledge of the
c. Plaintiff may also rely upon written records, but
plaintiff must prove that the records are what he claims they
d. Plaintiff may also rely upon all or any part of the
transcript of one or more depositions, answers to
interrogatories, or admissions obtained in this proceeding.
Should plaintiff fail to contradict Defendants' motion
with affidavits, declarations, or other evidence,
Defendants' evidence will be taken as truth, and final
judgment may be entered without a full trial. See Rule 56(e).
there is some good reason why such facts are not available to
Plaintiff when required to oppose such a motion, the court
will consider a request to postpone considering
defendant(s)' motion. See Rule 56(f).
Plaintiff does not serve and file a request to postpone
consideration of defendants' motion or written opposition
to the motion, the court may consider Plaintiff's failure
to act as a waiver of opposition to Defendants' motion.
Plaintiff's waiver of opposition to Defendants'