Free Other Notice - District Court of Arizona - Arizona

1 TERRY GODDARD ATTORNEY GENERAL 2 PAUL E. CARTER (014140) 3 Assistant Attorney General 177 N. Church Avenue, Suite 1105 4 Tucson, AZ 85701-1114 (520) 388-7128 Fax (520) 628-6050 5 [email protected] 6 Attorneys for State Defendants 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CV 03-2178-PHX-PGR (MHB) NOTICE RE: RULE 56 REQUIREMENTS

9 BARRY NORTHCROSS PATTERSON, 10 11 v. 12 DORA SCHRIRO, et al. 13 14 15 16 17 Defendants. Plaintiff,

NOTICE-WARNING This notice is required to be given to you by the Court: The defendants have filed a motion for summary judgment by which they seek to

18 have your case dismissed. A motion for summary judgment under Rule 56 of the Federal 19 Rules of Civil Procedure will, if granted, end your case. 20 Rule 56 tells you what you must do in order to oppose a motion for summary

21 judgment. Generally, summary judgment must be granted when there is no genuine issue 22 of material fact -- that is, if there is no real dispute about any fact that would affect the 23 result of your case, the party who asked for summary judgment is entitled to judgment as 24 a matter of law, which will end your case. When a party you are suing makes a motion 25 for summary judgment that is properly supported by declarations (or other sworn 26 testimony), you cannot simply rely on what your complaint says. Instead, you must set

Case 2:03-cv-02178-PGR-MHB

Document 75

Filed 02/13/2008

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1 out specific facts in declarations, depositions, answers to interrogatories, or authenticated 2 documents, as provided in Rule 56(e), that contradict the facts shown in the defendant's 3 declarations and documents and show that there is a genuine issue of material fact for 4 trial. If you do not submit your own evidence in opposition, summary judgment, if 5 appropriate, may be entered against you. If summary judgment is granted, your case will 6 be dismissed and there will be no trial. 7 Local Rule 56.1 of the District Court also requires that if you disagree with the

8 facts set forth by the defendants in their motion for summary judgment, you must set forth 9 separately from any memorandum of law that you file the specific facts on which you are 10 relying to defeat summary judgment. You must set forth such facts in separately

11 numbered paragraphs, and not in narrative form. As to each fact, you must refer to a 12 specific portion of the record where the fact can be found (i.e., affidavit, deposition, etc.). 13 14 15 16 17 18 19 Copy of the foregoing 20 mailed this 13th day of February, 2008, to: 21 Barry N. Patterson, # 117045 22 ASPC-Florence-South Unit P.O. Box 8400 23 Florence, AZ 85232-8400 24 s/mm 25 26 2
Case 2:03-cv-02178-PGR-MHB Document 75 Filed 02/13/2008 Page 2 of 2
IDS04-0498/G2004-21306/146849

RESPECTFULLY SUBMITTED this 13th day of February, 2008. TERRY GODDARD ATTORNEY GENERAL

s/Paul E. Carter PAUL E. CARTER Assistant Attorney General Attorneys for State Defendants