Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT 2
7 FOR THE DISTRICT OF ARIZONA
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9 Daniel D. Twigg, No. CV O3-2190-PHX-PGR (MS)
10 Plaintiff,
11 vs. 5 ORDER
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13 State of Arizona, et al.,
Defendants.
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16 Defendants have filed a Motion for Summary Judgment pursuant to Rule 56,
Federal Rules of Civil Procedure.
17 NOTICE--WARNING TO PLAINTIFF
I; THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT‘
20 The Defendants’ Motion for Summary Judgment seeks to have your case
21 dismissed. A motion for summaryjudgment under Rule 56 of the Federal Rules of
22 Civil Procedure will, if granted, end your case.
23 Rule 56 tells you what you must do in order to oppose a motion for summary
24 judgment. Generally, summaryjudgment must be granted when there is no genuine
25 issue of material fact--that is, if there is no real dispute about any fact that would
26 affect the result of your case, the party who asked for summaryjudgment is entitled
27 to judgment as a matter of law, which will end your case. When a party you are
28 ‘ Rand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998).
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1 suing makes a motion for summary judgment that is properly supported by
2 declarations (or other sworn testimony), you cannot simply rely on what your
3 complaint says. Instead, you must set out specific facts in declarations, depositions,
4 answers to interrogatories, or authenticated documents, as provided in Rule 56(e),
5 that contradict the facts shown in the Defendants’ declarations and documents and
6 show that there is a genuine issue of material fact for trial. If you do not submit your
7 own evidence in opposition, summary judgment, if appropriate, may be entered
8 against you. If summaryjudgment is granted, your case will be dismissed and there
9 will be no trial.
10 Local Rule 56 of the Civil Rules of Practice of the United States District Court
11 for the District of Arizona also requires, in addition, that you include as a part of your
12 opposition to a Motion for Summary Judgment a separate statement of facts in
13 opposition to the Motion for Summary Judgment.
14 (1) Any party filing a motion for summarygudgment shall set forth
separately from the memorandum of law, an in ull, the specific facts
15 on which that party relies in support of the motion. The specific facts
shall be set forth in serial fashion and not in narrative form. As to each
16 fact, the statement shall refer to a specific portion of the record where
the fact may be found (i.e., affidavit, deposition, etc.). Any party
17 opposing a motion for summaryfjudgment must comply with the
foregoing in setting forth the speci ic facts, which the opposing party
18 asserts, including those facts which establish a igenuine issue of
material fact prec uding summaryjudgment in favoro the moving party.
19 In the alternative, the movant an the party opposing the motion shall
jointly file a stipulation signed by the parties set ing forth a statement of
20 the stipulated facts if the parties adgree there is no genuine issue of any
material fact. As to any stipulate facts, the parties so stipulating may
21 state that their stipulations are entered into only for the purpose of the
motion for summary judgment and are not intended to be othenrvise
22 binding.
23 Additional provisions of Rule 7.2, Civil Rules of Practice of the United States
24 District Court for the District of Arizona are as follows:
25 Subparagraph (e) of that Rule provides:
26 Unless _othen1vise permitted by the Court, a motion including its
supporting memorandum, and he response including its sulpportin
27 memorandum, each shall not exceed ifteen f(15) palges, exc usive og
28 attachments and any required statement of acts. nless othenivise
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1 permitted by the Court, a reply including its supporting memorandum
shall not exceed ten (10) pages, exclusive of attachments.
; Subparagraph (i) of Rule 7.2 provides:
lf a motion does not conform in all substantial respects with the
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6 (rf?otignaa1r$§ tngycogrt may dispose of the motion summgrily. 9
7 It is Plaintiff's obligation to timely respond to all motions. The failure of
8 Plaintiff to respond to Defendants’ Motion for Summary Judgment may in the
9 discretion of the Court be deemed a consent to the granting of that Motion
10 without further notice, andjudgment may be entered dismissing the complaint
11 and action with prejudice pursuant to Local Rule (Civil) 7.2(i). E Bggdges v.
12 Lgvg, 18 F.3d 651 (9th Cir. 1994) (per curiam).
13 IT IS THEREFORE ORDERED:
14 1. That Plaintiff shall have until August 2, 2005 within which to file a
15 Response to Defendants’ Motion for Summary Judgment, together with supporting
16 affidavits or other appropriate exhibits and a separate Statement of Facts.
17 2. That Defendants shall have until August 22, 2005 to file a reply.
18 DATED this day of July, 2005.
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24 VIR INIA A. MATHIS
25 UNITED STATES MAGISTRATE JUDGE
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