Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Timothy Lee Ward, Plaintiff -vsKarr, et al., Defendants CV-03-2159-PHX-ROS (JRI) ORDER

Defendants have filed a Motion for Summary Judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The consideration of such motion will proceed as ordered herein. NOTICE - WARNING TO PLAINTIFF1 Defendants' motion for summary judgment seeks to have your case dismissed. The Motion will, if granted, end your case without a trial. Rule 56 Federal Rules of Civil Procedure, tells you what you must do in order to oppose a motion for summary judgment. Generally, the rules require that summary judgment be granted when there is no genuine issue of material fact. If there is no real dispute about any fact that would affect the result of your case, and the party who asked for summary judgment is entitled to judgment as a matter of law, summary judgment will be granted. Documentary Evidence Required - Plaintiff is warned that each fact must be supported by documentary evidence. It is not enough to merely allege that a fact exists. You cannot simply rely on what your complaint says. Instead, you must set show specific facts in sworn affidavits, declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the defendant's declarations and documents and show that there is a genuine issue of material fact for trial.

Case 2:03-cv-02159-ROS-JRI

This notice is required. See Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998).
Document 1441 - Filed 04/30/2008 Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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. Statement of Facts Requirements -Rule 56.1(b) of the Local Rules of Civil Procedure also requires that you submit with your response to the Motion for Summary Judgment a separate statement of facts in opposition to the Motion for Summary Judgment. Your separate statement of facts must include numbered paragraphs corresponding to the Defendants' ("moving party's") separate statement of facts: (b) Any party opposing a motion for summary judgment shall file a statement, separate from that party's memorandum of law, setting forth: (1) for each paragraph of the moving party's separate statement of facts, a correspondingly numbered paragraph indicating whether the party disputes the statement of fact set forth in that paragraph and a reference to the specific admissible portion of the record supporting the party's position [for example, affidavit, deposition, discovery response, etc.] if the fact is disputed; and (2) any additional facts that establish a genuine issue of material fact or otherwise preclude judgment in favor of the moving party. Each additional fact shall be set forth in a separately numbered paragraph and shall refer to a specific admissible portion of the record where the fact finds support. Each numbered paragraph of the statement of facts set forth in the moving party's separate statement of facts shall, unless otherwise ordered, be deemed admitted for purposes of the motion for summary judgment if not specifically controverted by a correspondingly numbered paragraph in the opposing party's separate statement of facts. L.R.Civ . 56.1(b). The Statement of Facts must set forth the specific facts upon which you rely in support of your position opposing Defendants' Motion for Summary Judgment. The facts must be set forth in regular succession, numbered individually, and each must be accompanied by a reference to where the evidentiary support for each fact may be located in the record (i.e., in an affidavit, deposition transcript, answers to interrogatories, admissions, etc.). References to Statement of Facts - For any factual claims you make in your memorandum of law, you must cite to the specific paragraph in your statement of facts that supports the factual claim: (e) Memoranda of law filed in support of or in opposition to a motion for summary judgment, including reply memoranda, shall include citations to the specific paragraph in the statement of facts that supports factual assertions made in the memoranda.
Document 1442 - Filed 04/30/2008 Page 2 of 4

Case 2:03-cv-02159-ROS-JRI

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LR.Civ. 56.1(e). Length Limitations - Additionally, Local Civil Rule 7.2(e) provides: 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. Attachments shall exclude materials extraneous to genuine issues of material fact or law. Accordingly, your response to the Motion for Summary Judgment (including your Memorandum of Law in support of the response) may not exceed seventeen (17) pages in length, without the prior approval of the court. Attachments in support of your responsive memorandum are not included in the seventeen page limit; nor is the required Statement of Facts. Failure to Comply - Finally, Rule 7.2(i) of the Local Rules of Civil Procedure provides: If a motion does not conform in all substantial respects with the requirements of this Local Rule, or if the unrepresented party or counsel does not serve and file the required answering memoranda, or if the unrepresented party or counsel 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. L.R.Civ. 7.2(i). You must timely and properly respond to all motions. The Court may, in its discretion, treat your failure to respond to Defendants' Motion for Summary Judgment as a consent to the granting of that Motion without further notice, and judgment may be entered dismissing this action with prejudice pursuant to Rule 7.2(i) of the Local Rules of Civil Procedure. See Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per curiam). Motion to Seal - Defendants have filed with their motion for summary judgment a Motion to Seal (#138) various lodged Exhibits (#139) to their Statement of Facts (#137). The nature of Plaintiff's response to the motion for summary judgment may well be impacted by the ruling on that motion. Accordingly, the Court will establish the deadline for a response on the motion for summary judgment based upon the ruling on the motion to seal.
Document 1443 - Filed 04/30/2008 Page 3 of 4

Case 2:03-cv-02159-ROS-JRI

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

IT IS THEREFORE ORDERED that: 1. Response - Plaintiff shall have until thirty days from the filing of an Order on Defendants' Motion to Seal (#138) within which to file a response to Defendants' Motion for Summary Judgment, filed April 15, 2008 (#136), together with a separate Statement of Facts in support of his response, supporting affidavits and other appropriate exhibits. 2. Reply - Defendants shall have 15 days following service of the response in which to file a reply. 3. Consideration of Motion - The Motion for Summary Judgment will 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. 4. Joint Proposed Pre-Trial Order - In the event that this motion for summary judgment remains pending within thirty days of any deadline set for filing of a jointly proposed pre-trial order, then such deadline shall be extended to a date thirty (30) days following the entry of an order disposing of this motion for summary judgment.

DATED: April 29, 2008
S:\Drafts\OutBox\03-2159-136o Order 08 04 15 re Sched MSJ.wpd

_____________________________________ JAY R. IRWIN United States Magistrate Judge

18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02159-ROS-JRI Document 1444 - Filed 04/30/2008 Page 4 of 4