Arellano v. Sedighi
- Proceeding
- district
- Area
- civil
- Panel
- Bernard G. Skomal (author)
Analysis
Defendants filed a motion for summary judgment in a civil case, and the court issued a notice to the pro se plaintiff regarding the requirements for opposing the motion. The court vacated the scheduled oral hearing date and set a briefing schedule for the opposition and reply.
| What the court decided | The model |
|---|---|
Vacated the June 15, 2020 hearing date for the motion for summary judgment.“Accordingly, the 15, 2020 hearing date is VACATED.” | agree with court The decision follows from Local Rule 7.1(d)(1) and the general principle that there is no right to an oral hearing on a motion for summary judgment. |
Set a briefing schedule requiring the plaintiff's opposition by May 11, 2020, and the defendants' reply by May 18, 2020.“Your opposition (including any supporting papers) must be filed with the court and served by you on the Defendants by May 11, 2020... Defendants must file papers in reply to your papers, and those papers have to be filed by Defendants with the court and served on you by May 18, 2020.” | agree with court The court is exercising its inherent and local rule authority to manage the docket and set deadlines for briefing on a pending motion. |
The order itself: sound — The order correctly applies the Ninth Circuit's requirements for notifying pro se litigants of summary judgment motions and properly manages the briefing schedule under local rules. It accurately explains the standard for summary judgment and the plaintiff's burden to provide evidence.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Raul ARELLANO,, Case No.: 3:15-cv-02059-AJB-BGS 12 Plaintiff, ORDER: 13 v. (1) PROVIDING NOTICE OF MOTION FOR SUMMARY 14 SEDIGHI, et al., JUDGMENT PURSUANT TO 15 Defendants. KLINGELE v. EIKENBERRY AND RAND v. ROWLAND 16 (2) VACATING HEARING DATE 17 (3) SETTING BRIEFING SCHEDULE ON MOTION 18 FOR SUMMARY JUDGMENT 19 20 NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT 21 22 This notice is required to be given to you pursuant to Rand v. Rowland, 154 F.3d 23 952 (9th Cir. 1998) (en banc), cert. denied, 527 U.S. 1035 (1999) and Klingele v. 24 Eikenberry, 849 F.2d 409 (9th Cir. 1988): 25 Defendants Sedighi, et al., have filed a motion for summary judgment in your case 26 under Rule 56 of the Federal Rules of Civil Procedure. If the motion is granted, it will 27 end your case. 28 1 Defendants filed the Motion for Summary Judgment on April 13, 2020 with a 2 hearing date of June 15, 2020. There is no right to an oral hearing on a motion for 3 |}summary judgment. Under Local Rule 7.1(d)(1), the Court has the right to make a 4 || decision by reading the papers filed and not hearing any oral argument. Accordingly, the 5 15, 2020 hearing date is VACATED. 6 Your opposition (including any supporting papers) must be filed with the court and 7 ||served by you on the Defendants by May 11, 2020. If you do not wish to oppose 8 Defendants’ Motion, you should file and serve a “Notice of Non-Opposition” by that 9 same date to let the Court know that Defendants’ Motion is unopposed. If you do file and 10 ||serve an Opposition, Defendants must file papers in reply to your papers, and those 11 || papers have to be filed by Defendants with the court and served on you by May 18, 2020. 12 Rule 56 tells you what you must do in order to oppose a Motion for Summary 13 Judgment. Generally, summary judgment must be granted when there is no genuine issue 14 || of material fact—that is, if there is no real dispute about any fact that would affect the 15 result of your case, the party who asked for summary judgment is entitled to judgment as 16 ||a matter of law, which will end your case. When a party you are suing makes a motion 17 ||for summary judgment that is properly supported by declarations (or other sworn 18 || testimony), you cannot simply rely on what your complaint says. Instead, you must set 19 || out specific facts in affidavits or declarations, depositions, admissions, answers to 20 || interrogatories, or other authenticated documents, as provided by Rule 56(c), that 21 || contradict the facts shown in the defendants’ declarations and documents and show that a 22 is genuinely disputed and requires trial. If you do not submit your own evidence in 23 || opposition, summary judgment, if appropriate, may be entered against you. If summary 24 judgment is granted, your case will end in favor of Defendants and there will be no trial. 25 IT IS SO ORDERED. 26 Dated: April 15, 2020 7 2 p f 27 on. Bernard G. Skomal 28 United States Magistrate Judge