Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTICE--WARNING TO PLAINTIFF 15 16 Defendants Susan Armstrong, Richard Teenstra, and the Hon. Colin Campbell have 17 filed a Motion for Summary Judgment [Doc. No. 35] which seeks to have your case 18 dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil 19 Procedure will, if granted, end your case. Because this Motion was filed on September 1, 20 2005, your response is due Friday, October 7, 2005. 21 Rule 56 tells you what you must do in order to oppose a motion for summary 22 judgment. Generally, summary judgment must be granted when there is no genuine issue of 23 material fact, i.e., if there is no real dispute about any fact that would affect the result of your 24 case, the party who asked for summary judgment is entitled to judgment as a matter of law, 25 which will end your case. When a party you are suing makes a motion for summary 26 judgment that is properly supported by declarations (or other sworn testimony), you cannot 27 28
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Connie R. ZAKRAJSEK, Plaintiff, v. Susan ARMSTRONG, et al., Defendants.

) ) ) ) ) ) ) ) ) )

No. CV 04-449-PHX-SMM ORDER

THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT1

See Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998).

Case 2:04-cv-00449-SMM

Document 37

Filed 09/07/2005

Page 1 of 3

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simply rely on what your complaint says. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the Defendants' 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. If summary judgment is granted, your case will be dismissed and there will be no trial. Local Rule of Civil Procedure 7.2(e) of the Rules of Practice of the United States District Court for the District of Arizona requires: Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed seventeen (17) pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed eleven (11) pages, exclusive of attachments. Subparagraph (i) of Local Rule of Civil Procedure 7.2 provides:

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily. It is Plaintiff's obligation to timely respond to all motions. The failure of Plaintiff to respond to Defendants' Motion for Summary Judgment may, in the discretion of the Court, be deemed a consent to the granting of that Motion without further notice, and judgment may be entered dismissing the complaint and action with prejudice pursuant to Local Rule 7.2(i). See Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam). IT IS THEREFORE ORDERED: (1) That Plaintiff shall have until 5:00 p.m. on Friday, October 7, 2005 to file a response to the Motion for Summary Judgment filed by Defendants Susan Armstrong, Richard Teenstra, and the Hon. Colin Campbell; (2) That Defendants Susan Armstrong, Richard Teenstra, and the Hon. Colin Campbell shall have until 5:00 p.m. on Friday, October 28, 2005, in which to file a reply; and -2Case 2:04-cv-00449-SMM Document 37 Filed 09/07/2005 Page 2 of 3

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(3) It is further ordered that the Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply, unless otherwise ordered by the Court.

DATED this 2nd day of September, 2005.

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