Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
j FOR THE DISTRICT OF ARIZONA
8 Ronald Flood, )
9 Plaintiff, g
10 v. ) CIV 03-2050 PHX DGC (VAM)
11 Dora Schriro, et al., g O R D E R
12 Defendants. 0
13 Defendants (Schriro, Luna and Shearer) have filed a Motion for
14 Summary· Judgment pursuant to Rule 56, Federal Rules of Civil
15 Procedure.
16 NOTICE--WARNING TO PLAINTIFF
17 THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURTI
l8 The defendants' Motion for Summary Judgment seeks to have your
19 case dismissed. A motion for summary judgment under Rule 56 of the
20 Federal Rules of Civil Procedure will, if granted, end your case.
21 Rule 56 tells you what you must do in order to oppose a motion
22 for summary judgment. Generally, summary judgment must be granted
23 when there is no genuine issue of material fact--that is, if there
24 is no real dispute about any fact that would affect the result of
25 your case, the party who asked for summary judgment is entitled to
26 judgment as a matter of law, which will end your case. When a party
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28 lRand v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998).
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1 you are suing makes a motion for summary judgment that is properly
2 supported by declarations (or other sworn testimony), you cannot
3 simply rely on what your complaint says. Instead, you must set out
4 specific facts in declarations, depositions, answers to
5 interrogatories, or authenticated documents, as provided in Rule
6 56(e), that contradict the facts shown in the defendants‘
7 declarations and documents and show that there is a genuine issue of
8 material fact for trial. If you do not submit your own evidence in
9 opposition, summary judgment, if appropriate, may*be entered against
10 you. If summary judgment is granted, your case will be dismissed
11 and there will be no trial.
12 LRCiv 56.1 of the Rules of Practice of the United States
13 District Court for the District of Arizona also requires, in
14 addition, that you include as a part of your opposition to a ZMotion
15 for Summary Judgment a separate statement of facts in opposition to
16 the Motion for Summary Judgment.
17 (a) Any party filing a motion for summary judgment shall
set forth separately from the memorandum of law, and in
18 full, the specific facts on which that party relies in
support of the motion. The specific facts shall be set
19 forth in serial fashion and not in narrative form. As to
each fact, the statement shall refer to a specific portion
20 of the record where the fact may be found (i.e.,
affidavit, deposition, etc,). Any*party opposing a1notion
21 for summary judgment must comply with the foregoing in
setting forth the specific facts, which the opposing party
22 asserts, including those facts which establish a genuine
issue of material fact precluding summary judgment in
23 favor of the moving party. In the alternative, the movant
and the party opposing the motion shall jointly file a
24 stipulation signed by the parties setting forth a
statement of the stipulated facts if the parties agree
25 there is no genuine issue of any material fact. As to any
stipulated facts, the parties so stipulating may state
26 that their stipulations are entered into only for the
purposes of the motion for summary judgment and are not
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1 intended to be otherwise binding.
2 Additional provisions of LRCiv 7.2, Rules of Practice of the
3 United States District Court for the District of Arizona are as
4 follows:
5 Subparagraph (e) of that Rule provides:
6 Unless otherwise permitted by the Court, a motion
including its supporting memorandum, and the response
7 including its supporting memorandum, each shall not exceed
seventeen (17) pages, exclusive of attachments and any
8 required statement of facts. Unless otherwise permitted
by the Court, a reply including its supporting memorandum
9 shall not exceed eleven (ll) pages, exclusive of
attachments.
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Subparagraph (i) of LRCiv 7.2 provides:
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If a motion does not conform in all substantial respects
12 with the requirements of this Local Rule, or if the
opposing· party· does not serve and file the required
13 answering memoranda, or if counsel for any party fails to
appear at the time and place assigned for oral argument,
14 such non—compliance may be deemed a consent to the denial
or granting of the motion and the Court may dispose of the
15 motion summarily.
16 It is plaintiff's obligation to timely respond to all motions.
17 The failure of plaintiff to respond to defendants' Motion for
18 Summary Judgment may in the discretion of the Court be deemed a
19 consent to the granting of that Motion without further notice, and
20 judgment may be entered dismissing the complaint and action with
21 prejudice pursuant to LRCiv 7.2(i). See Bgydges v. Lewis, 18 F.3d
22 651 (9th Cir. 1994) (per curiam).
23 IT IS THEREFORE ORDERED:
24 1. That plaintiff shall have until August 2, 2005 within which
25 to file a Response to defendants' Motion for Summary Judgment,
26 together with supporting affidavits or other appropriate exhibits
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1 and a separate Statement 0f Facts.
2 2. That defendants shall have until August 19, 2005 t0 file a
3 reply.
4 DATED this _& day 0f July, 2005.
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VI INIA A. MATHIS
7 U. S. Magistrate Judge
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